SC stays Lokpal's order on HC judges, calls it 'very disturbing'

The Supreme Court on Thursday suspended the Lokpal's January 27 order, which held that India's anti-corruption ombudsman could probe complaints against high court judges, calling the anti-corruption authority's interpretation of its own jurisdiction "very disturbing".

- Utkarsh Anand

NEW DELHI:

A special bench, comprising justices Bhushan R Gavai, Surya Kant and Abhay S Oka, expressed a prima facie view that high court judges would not come under the purview of the Lokpal and Lokayuktas Act, 2013, since their appointment is governed by the Constitution and that they are not like any other "public servant" functioning in an organisation established by a parliamentary law.

Issuing notices to the Union government and the office of the Lokpal, the bench also restrained the complainant before the Lokpal from disclosing the name of a high court judge against whom accusations of influencing an additional district judge and another high court judge in a pending case were levelled.

The court signalled its strong disapproval of the ombudsman's stance in entertaining two complaints against the sitting high court judge, observing: "This is something very disturbing. We propose to issue notice to the Union government."

Interestingly, the January order was passed by a full bench of the Lokpal led by Justice AM Khanwilkar, a retired Supreme Court judge.

In Thursday's hearing, solicitor general (SG) Tushar Mehta, representing the Centre, told the top court that "a high court judge would never come within the ambit of the Lokpal Act". Supporting this position, senior advocate Kapil Sibal, president of the Supreme Court Bar Association, warned: "Such an interpretation by the Lokpal is fraught with danger."

The court then sought the assistance of the two senior lawyers and scheduled the next hearing for March 18.