- By Ayush Saroj
Today, The Supreme Court reverses Lokpal’s order to consider complaints against High Court judges.
In a significant development, the Supreme Court of India has temporarily halted the Lokpal’s decision to extend its powers to evaluate High Court judges under the provisions of the 2013 Lokpal and Lokayuktas Act. The court issued an order on Thursday, after a suo motu hearing initiated by the court following a directive from the Lokpal on January 27.
On Thursday the Lokpal decision which provided the power to the Supreme Court for evaluating High Court judge allegations under the 2013 Lokpal and Lokayuktas Act came to a temporary stop.
Bench comprising of Justice BR Gavai , Surya Kant and Abhay S. Oka issued a notification to both the Union of India and the Lokpal’s Registrar.
“Something very very disturbing,” Justice Gavai declared at the start of the suo motu hearing that court proceedings started after receiving a directive from the Lokpal on January 27.
The court emphasized that the protection of judicial independence is paramount in this case.
The Central government through Solicitor General Tushar Mehta declared that High Court justices would never come under the scope of the Lokpal and Lokayuktas Act of 2013.
Senior Advocate Kapil Sibal agreed to provide support to the Court regarding this particular case. According to Sibal the decision brought him great distress.
“It is fraught with danger,” He said this statement to hinder the implementation of Lokpal order.
A High Court judge who faced two accusations of interfering in a lawsuit between an Additional District Judge and a different High Court judge received his verdict from the Lokpal.
“We make it amply clear that by 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,”
Lokpal clarified in its statement.
Lokpal actively informed both Chief Justice of India and the High-Level Committee of Ministers about all complaints they received.
Bench headed by Justice AM Khanwilkar has stated that judges of the High Court are considered as “public servants.” under Lokpal and Lokayuktas Act, which does not grant them any exemption.
However, Lokpal also decided to withhld further considerationof the complaints until guidance is received by CJI.
The Lokpal deferred considering these complaints through a four-week in compliance with section 20(4) of the 2013 Act which sets a timeframe to handle complaints.
Lokpal while making a public statement, maintained its confidentiality of the identities of both the High Court and the judge involved in the matter. It also directed the complainant to maintain confidentiality regarding the judge’s identity and the specifics of the complaint. The case is listed on March 21, where the further complexities will navigate,
Case Title : Lokpal’s order to consider complaints against High Court judges.
Ayush Saroj is 4th year B.A LL.B City law college, University of Lucknow
