New Delhi, Feb 21
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 BR Gavai, Surya Kant and Abhay S Oka issued notice and sought response from the Centre, the Lokpal registrar and the person who filed complaints against a sitting high court judge. Replies have been sought by March 18.
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 the 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.
“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,” the SC said. 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.
The Lokpal passed the order on two complaints filed against a sitting additional judge of the high court. The complaints allege that he influenced an additional district judge in the state and a judge of the same high court slated to deal with a suit filed against the complainant by a private company to favour the firm.
The private company, it was alleged, was earlier a client of the high court judge in question while he was practising as an advocate at the Bar. In its order, the Lokpal directed the complaints and relevant materials received in its registry in two matters be forwarded to the office of the CJI for his consideration.
“Awaiting the guidance of the Chief Justice of India, consideration of these complaints, for the time being, is deferred until four weeks from today, keeping in mind the statutory time frame to dispose of the complaint in terms of Section 20 (4) of the Act of 2013,” said the Lokpal Bench on January 27.
