The Supreme Court on Thursday sent notice to the Centre in a suo motu case against a Lokpal order which held that it can extend its jurisdiction over High Court judges.
A bench of Justices B R Gavai, Surya Kant and Abhay S Oka of the top court rejected Lokpal’s reasoning and stayed the execution of the order.
Moreover, the apex court sent notices to Registrar General of the Lokpal and the complainant.
The Lokpal passed the order on two complaints filed against a sitting additional judge of the high court, alleging that he influenced an additional district judge in the state, and a judge of the same high court who had to deal with the suit filed against the complainant by a private company, to favour that company.
It has been alleged that the private company was earlier a client of the named high court Judge, while he was practising as an advocate at the Bar.
In its order, the Lokpal had directed that subject complaints and relevant materials received in the registry in these two matters be forwarded to the office of the Chief Justice of India for his kind 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.”
“We make it amply clear that by this order we have decided a singular issue finally — as to whether the judges of the high court established by an Act of Parliament come within the ambit of Section 14 of the Act of 2013, in the affirmative. No more and no less. In that, we have not looked into or examined the merits of the allegations at all,” the Lokpal bench headed by Justice A M Khanwilkar had said on January 27.
Justice Gavai commenting on the Lokpal’s decision said, “Something very disturbing.”
Solicitor General of India Tushar Mehta too submitted that Lokpal’s interpretation was wrong. Additionally, Senior Advocate Kapil Sibal too raised concern and urged the bench to stay Lokpal’s order.
