The Supreme Court on Thursday stayed a Lokpal order which held the anti-corruption body can entertain complaints against the High Court judges. The apex court will next hear the matter in March.
Hearing the suo motu case against the order passed by Lokpal on January 27, the Supreme Court said the judgment concerns the independence of the judiciary. Hearing the case, Justice B.R. Gavai observed the order was "something very very disturbing." The three-member bench comprising Justices B.R. Gavai, Surya Kant and Abhay S. Oka observed the matter was of great importance.
The apex court also issued notices to the Centre and the registrar of Lokpal over the matter and sought their responses. Appearing for the Union government, Solicitor General Tushar Mehta said justices of the High Court will not fall within the ambit of Lokpal and Lokayuktas Act, 2013, Bar and Bench reported.
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The Lokpal, in its order, had said, “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,” the publication reported.
The bench also injuncted the complainant in the original matter before Lokpal from revealing the names of the High Court judge. The complainant was also directed to keep the complaint confidential.
The anti-corruption body passed the order while hearing two complaints filed against a sitting additional judge of a High Court. The judge allegedly influenced another judicial officer of the same High Court and additional district judge in the state, who had to deal with a suit filed against the complainant by a private company, to favour that firm, PTI reported. Allegedly, the private firm was a client of the judge while he was practising as a lawyer.