GUWAHATI: The Supreme Court on Thursday, February 20, stayed a controversial order by the Lokpal that asserted jurisdiction over High Court judges under the Lokpal and Lokayuktas Act, 2013. This decision follows an order issued by the Lokpal on January 27, which raised concerns within the judiciary, including strong criticism from the Supreme Court.
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In a suo motu case, the bench of Justices BR Gavai, Surya Kant, and Abhay S Oka issued a notice to the Centre and the Registrar of Lokpal, expressing serious concerns about the potential impact on judicial independence.
Justice Gavai called the situation "very, very disturbing," while Solicitor General Tushar Mehta argued that High Court judges are not subject to the Lokpal Act, asserting, “Each judge is the High Court.”
Senior Advocate Kapil Sibal echoed these concerns, describing the Lokpal’s order as "exceptionally disturbing" and warning of the dangers it created to the judiciary. He requested, and received, a stay on the order.
The Lokpal's decision stemmed from complaints alleging that a High Court judge had influenced other judicial officers. While the Lokpal did not examine the merits of the allegations, it ruled that High Court judges fell under the jurisdiction of Section 14 of the Lokpal and Lokayuktas Act, 2013. The complaints were forwarded to the Chief Justice of India for further guidance, and further action was deferred. The judge's identity and the specific High Court involved were redacted in the public decision.
In addition to staying the Lokpal's order, the Supreme Court issued an injunction barring the original complainant from disclosing the judge’s name or details of the allegations. The next hearing on this matter is scheduled for March 21.
