A special three-judge bench of the Supreme Court on Thursday stayed a controversial order passed by the Lokpal, which had indicated that the country’s anti-corruption ombudsman could examine complaints relating to corruption and misconduct against judges of all high courts.
The bench of Justices B.R. Gavai, Surya Kant and Abhay S. Oka passed the order on Thursday while taking suo motu cognisance of the order passed by the Lokpal on January 27.
The apex court, while issuing formal notices to the Union government, the Lokpal registrar and the person who had filed complaints against a sitting high court judge, termed the Lokpal order “something very, very disturbing”.
The bench further observed: “We have stayed the order. We hope the Lokpal understands the order of stay and does not proceed. Otherwise, we are here."
In a written order, the bench also asked the Lokpal registrar and the complainant to mask the identity of the high court judge in question and posted the matter for further hearing on March 18.
During the hearing, solicitor-general Tushar Mehta told the bench that the Lokpal had exceeded its jurisdiction and erroneously held that high court judges did not hold constitutional posts.
Justice Gavai, heading the bench, also commented that the Lokpal had wrongly interpreted a pre-constitutional position to hold that high courts had been constituted under an Act of Parliament. In other words, the bench was of the view that high court judges on a par with the Supreme Court judges enjoy constitutional posts and not statutory posts as held by the Lokpal in the January 27 interim order.
Senior advocate and Supreme Court Bar Association (SCBA) president Kapil Sibal also took exception to the Lokpal’s order saying, “such an interpretation is fraught with danger”.
The apex court later passed the following order: “Issue notice to the Union of India, Registrar, Lokpal of India and the complainant, returnable on 18.03.2025 at 10.30 am. The Registrar concerned is directed to mask the identity of the complainant and serve notice upon the complainant through the Registrar (Judicial) of the High Court, where the complainant resides. In the meantime, there shall be stay of the order dated 27.01.2025 passed by the Lokpal of India in Complaint No.05/2025.
“We injunct the complainant from disclosing the name of the Hon’ble Judge against whom he has filed the complaint. The complainant is further directed to keep the complaint strictly confidential.
“Shri Kapil Sibal and Shri B.H. Marlapalle, learned senior 1 counsel, has graciously offered to assist the Court, since the matter is of a great significance concerning the independence of the judiciary.
“We place on record our appreciation for the kind gesture of Shri Kapil Sibal and Shri B.H. Marlapalle, learned senior counsel. Shri Tushar Mehta, learned Solicitor General of India, waives notice for the Union of India. Written submission, if any, may be filed in the meantime.”