The Supreme Court of India is set to deliberate on whether the anti-corruption body Lokpal has the authority to address complaints against sitting high court judges. This significant legal query will be explored in a session scheduled for April 30, following a sua motu proceeding concerning the Lokpal’s orders against a sitting additional judge.
A special three-judge bench, comprising Justices B R Gavai, Surya Kant, and Abhay S Oka, has earmarked substantial time for the upcoming hearing. “We will require at least two hours…. We will have it on some Wednesday. If it does not get over on Wednesday afternoon, we will continue on Thursday,” stated the bench during a preliminary hearing.
This judicial review was prompted by the Lokpal’s January 27 decision involving complaints against a high court additional judge. The complaints accuse the judge of unduly influencing another district judge and a high court judge, relating to a private lawsuit aimed at benefiting a firm previously represented by the accused judge during his practice as an advocate.
In a pivotal move on February 20, the apex court stayed the Lokpal order, highlighting profound concerns over judicial independence. Notices were subsequently issued to various stakeholders, including the Centre, the Lokpal registrar, and the complainant, seeking detailed responses.
Further developments on March 18 saw the Supreme Court affirm its commitment to examining the Lokpal’s jurisdiction in handling allegations against high court judges. The court has enlisted senior advocate Ranjit Kumar to serve as an amicus curiae to provide additional insights into the matter.
During earlier discussions, Solicitor General Tushar Mehta, representing the Centre, argued that high court judges should not fall within the purview of the Lokpal and Lokayuktas Act, 2013, a stance that adds layers to this complex legal debate.
In a directive that intensified scrutiny, the Lokpal had ordered the transfer of complaints and associated documents to the Chief Justice of India, seeking further guidance. “Awaiting the guidance of the Chief Justice of India, consideration of these complaints, for the time being, is deferred until four weeks from today, keeping in mind the statutory time frame to dispose of the complaint in terms of Section 20 (4) of the Act of 2013,” noted the Lokpal bench led by Justice A M Khanwilkar.
