The Supreme Court on Thursday stayed the Lokpal’s decision asserting its authority to investigate High Court judges under the Lokpal and Lokayuktas Act, 2013, calling the ruling “very disturbing.” The court took suo moto cognizance of the matter following the Lokpal’s January 27 order in a complaint against a sitting additional High Court judge. It also issued a notice to the Centre and the Lokpal Registrar while directing the complainant to maintain confidentiality regarding the judge’s identity.
The case involves allegations that a High Court judge influenced an Additional District Judge and another High Court judge in a legal dispute involving a company that had previously been the judge’s client when he was an advocate. A Lokpal bench led by Justice AM Khanwilkar ruled that High Court judges qualify as ‘public servants’ under the 2013 Act since the law does not explicitly exclude them. However, the bench refrained from taking further action and sought the Chief Justice of India’s guidance on the matter.
Solicitor General Tushar Mehta, representing the Centre, argued that the Lokpal had misinterpreted the law, emphasizing that High Court judges do not fall within its jurisdiction. In its ruling, the Lokpal clarified that it had merely addressed the specific issue of whether High Court judges are covered under Section 14 of the Act, stating that its decision was limited to an affirmative interpretation of this provision.
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