Supreme Court stays Lokpal order on probing High Court judges, calls it 'very disturbing'

The Supreme Court stayed the Lokpal's ruling asserting its power to probe High Court judges, calling it "very disturbing." While the Lokpal deemed judges public servants, it sought the CJI's guidance and deferred action. The Centre opposed Lokpal's interpretation.  

The Supreme Court on Thursday stayed the Lokpal's ruling that it had the power to investigate High Court judges under the Lokpal and Lokayuktas Act, 2013. Calling the decision "very disturbing," the court issued a notice to the Centre and the Lokpal Registrar.

The Supreme Court took up the matter suo moto after the Lokpal’s January 27 order while hearing complaints against a sitting additional High Court judge. The top court directed the complainant not to reveal the judge’s identity.

Solicitor General Tushar Mehta, representing the Centre, argued that the Lokpal's interpretation was incorrect, asserting that High Court judges do not fall under its jurisdiction.

The complaints against High Court judges

The complaints alleged that a High Court judge influenced an Additional District Judge and another High Court judge in a suit filed by a company against the complainant. The company was allegedly a former client of the judge when he was an advocate.

A Lokpal bench led by Justice AM Khanwilkar ruled that High Court judges qualify as 'public servants' under the 2013 Act and that the law does not explicitly exclude judges. However, it deferred further action and sought the Chief Justice of India’s guidance.

In its ruling, the Lokpal clarified: "We have only decided the singular issue of whether High Court judges fall under Section 14 of the 2013 Act—affirmatively. No more, no less."