SC stays Lokpal order to entertaincomplaints against sitting HC judge

 

 

THE Supreme CourtonThursday stayed the Lokpal order entertaining complaints against a sitting High Court Judge, terming it “something very, very disturbing” and concerning the independence of the judiciary. A special bench headed by Justice BRGavai issued notice and sought responses from the Centre, the Lokpal registrar and the person who has filed complaints against the sitting High Court judge. Solicitor General Tushar Mehta, appearingfortheCentre, said a High Court Judge would neverfall within the ambitofthe Lokpal and Lokayuktas Act,2013.

 

The bench, also comprising Justices Surya Kant and Abhay S Oka,issued an injunctiontoprevent the complainant from disclosingthenameofthejudgeand directed him to keep the complaint filed by him confidential. The apex court was dealing withasuomotuproceedingsinitiated over the January 27 order passed by the Lokpal. “Issue notice to the Union of India,theregistrarofLokpaland the complainant. The registrar (judicial)is directed to mask the identity of the complainant and serve him through the registrar (judicial)oftheHighCourtwhere thecomplainantresides,”itsaid. “In the meantime, there shall be stay to the impugned order,” the bench said. As soon as the specialbenchassembled,Justice Gavai told Mehta, “We propose to issue notice to the Union of India.”

 

Senior advocate Kapil Sibal, who also appeared in the matter,saidhewouldliketoassist the bench in dealing with the matter.“Somethingveryverydisturbing,”JusticeGavairemarked. It is fraught with danger, Sibal said while seekingastay on the Lokpal’s order. He said, “I think a law should be laid down.”The bench said the matter would be heard again on March 18, subject to directions of the Chief Justice of India.

 

The bench noted that Sibal andanothersenioradvocatehad offered to assist the court “since the matter is of a great significance concerning the independence of judiciary”. “Once the finding that the Lokpal has a jurisdiction stands stayed, I think they are aware whatare theramificationsofthis order. If they don’t understand this, then we are here,” Justice Gavai observed. The Lokpal passed the order on two complaints filed against a sitting additional judge of the High Court. The complaints alleged that he influenced an additional district judge in the stateandajudgeofthesameHigh Court who had to deal with the suitfiledagainstthecomplainant by a private company to favour that firm.