SC stays Lokpal order on entertaining complaints against sitting HC judges

New Delhi, Feb 20: The Supreme Court on Thursday stayed the Lokpal order on entertaining complaints against sitting high court judges saying it was “something very, very disturbing” and concerned the independence of the judiciary.
A bench of Justices B R Gavai, Surya Kant and Abhay S Oka issued notice and sought responses from the Centre, the Lokpal registrar and the person who filed complaints against a sitting high court judge.
“Issue notice to the Union of India, Registrar, Lokpal of India and the complainant, returnable on March 18 at 10.30 am,” the bench said.
Solicitor general Tushar Mehta, appearing for the Centre, said a high court judge would never fall within the ambit of the Lokpal and Lokayuktas Act, 2013.
Dealing with Lokpal’s order on two specific complaints against the sitting high court judge, the bench, issued an injunction to prevent the complainant from disclosing the name of the judge and directed him to keep the complaint confidential. The apex court was dealing with a suo motu case initiated after the Lokpal passed the order on January 27. The bench directed the registrar concerned to mask the identity of the complainant and serve notice upon him at his residence through the registrar (judicial) of the high court.
“In the meantime there shall be stay of the order dated January 27, 2025 passed by the Lokpal of India…,” it added. The top court went on to hold, “We injunct the complainant from disclosing the name of the judge against whom he has filed the complaint. The complainant is further directed to keep the complaint strictly confidential.” When the bench assembled, Justice Gavai told Mehta, “We propose to issue notice to the Union of India.” Senior advocate Kapil Sibal, who also appeared in the matter, offered to assist the bench in dealing with the matter.
“Something very very disturbing,” said Justice Gavai.
It is fraught with danger, Sibal said and sought a stay on the Lokpal’s order.
“I think a law should be laid down,” he added.
The bench noted that Sibal and senior advocate B H Marlapalle had “graciously offered” to assist the court, as the matter was of “great significance” and concerned the independence of the judiciary.
“Once the finding that the Lokpal has a jurisdiction stands stayed, I think they are aware what are the ramifications of this order. If they don’t understand this, then we are here,” said Justice Gavai.
The bench has asked for the written submission to be filed in the meantime. The Lokpal passed the order on two complaints filed against a sitting additional judge of the high court. (PTI)