New Delhi, Feb 20 In an interim order passed on Thursday, the Supreme Court stayed the operation of a decision of the Lokpal holding that the anti-corruption body can entertain complaints against High Court judges.
A bench of Justices B.R. Gavai, Surya Kant and Abhay S. Oka was hearing a suo moto (on its own motion) after Lokpal referred the two complaints to the office of the Chief Justice of India (CJI) containing the allegations that a sitting additional judge of a high court influenced his colleague and an additional district judge who had to deal with the suit filed against the complainant by a private company.
“Something very very disturbing,” remarked Justice Gavai-led Bench as it issued notice to the Union government and the Registrar of Lokpal.
Solicitor General Tushar Mehta, the second highest law officer of the Centre, submitted that HC judges will never fall within the ambit of the Lokpal and Lokayuktas Act, 2013.
Ordering a stay on the impugned decision, the apex court remarked that the issue was of great importance as it related to the independence of the judiciary.
In an order passed on January 27, the Lokpal ruled that it can entertain complaints against judges of the High Court established by an Act of Parliament.
“[B]y this order we have decided a singular issue finally - as to whether the Judges of the High Court established by an Act of Parliament come within the ambit of Section 14 of the Act of 2013, in the affirmative. No more and no less. In that, we have not looked into or examined the merits of the allegations at all,” the Lokpal said.
“We are conscious of the fact that a complaint before the Lokpal cannot be stricto sensu equated with a criminal case being registered under Section 154 of CrPC or the corresponding provision in the Bharatiya Nagarik Suraksha Sanita 2023. However, considering the scheme of Section 20 of the Act of 2013 (Lokpal and Lokayuktas Act), on receipt of a complaint and before the Lokpal decides to proceed further by ordering a preliminary inquiry by its inquiry wing or any nominated agency or investigation, it is required to examine whether there exists a prima facie case to proceed further,” it added.
However, the anti-corruption body had forwarded the subject complaints to the office of the CJI “for his kind consideration” and awaiting his guidance, deferred consideration of the complaints for four weeks.
At an earlier occasion, the Lokpal had ruled that the Supreme Court, even though public servants in terms of Section 2(c) of the Prevention of Corruption Act, 1988, are not amenable to its jurisdiction because they do not come within the sweep of the expression “public servant” predicated in Section 2(1)(o) read with Section 14 of the Lokpal and Lokayuktas Act, 2013.
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