THE JHARKHAND STORY DESK
New Delhi, Feb 20: The Supreme Court on Thursday put a stay on the Lokpal’s order, which stated that investigating complaints against High Court judges falls under its jurisdiction.
A bench comprising Justice B.R. Gavai, Justice Surya Kant, and Justice Abhay S. Oka expressed displeasure over the matter during the hearing, calling it “very disturbing”.
Following this, the Supreme Court issued notices to the central government, the Lokpal registrar, and the complainant.
The court stated that the next hearing in this matter will be held on March 18 and issued an order not to disclose the names of the judges or the details of the complaint.
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Allegation of HC judge recommending ruling in favor of private company
The allegation involves a judge recommending a ruling in favour of a company. Notably, the Lokpal had issued an order on February 27, directing action on two complaints against a sitting Additional Judge of a High Court.
The Lokpal had stated that a High Court judge would be considered a person under the jurisdiction of Section 14(1)(f) of the Lokpal Act.
The complaints brought before the Lokpal alleged that the concerned judge had recommended a ruling in favor of a private company to another High Court judge and an Additional District Judge. The judge accused of influencing the decision had previously served as a lawyer for the same private company.
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HC judges can’t be considered mere statutory officers: SC
Justice Gavai and Justice Oka emphasized that even after the adoption of the Constitution, High Court judges have continued to serve as constitutional guardians and cannot be considered mere statutory officers.
In this context, Solicitor General Tushar Mehta, representing the central government, argued that High Court judges could never fall under the jurisdiction of the Lokpal and Lokayukta Act, 2013.
Senior advocate Kapil Sibal suggested that a specific law should be enacted on this matter and offered to assist the court. The Supreme Court accepted his suggestion, acknowledging that the case holds significant importance concerning the independence of the judiciary.
