Supreme Court Stays Lokpal Order on Jurisdiction over High Court Judges

The Supreme Court has stayed an order by the Lokpal, issued on January 27, which claimed jurisdiction over high court judges under the Lokpal and Lokayuktas Act.

Key Points

• The Supreme Court disapproved of Lokpal's finding and termed it as "something very disturbing".
• A special three-member bench consisting of Justices BR Gavai, Surya Kant, and Abhay Oka issued notices to the Centre and Registrar of Lokpal.
• Justice BR Gavai emphasized the importance of the issue as it pertains to the independence of the judiciary.
• It was highlighted that high court judges are constitutional authorities, not merely statutory functionaries.

Statements and Reactions

• Solicitor General Tushar Mehta argued that high court judges do not fall within the ambit of the Lokpal and Lokayuktas Act, 2013.
• Senior advocate Kapil Sibal expressed concerns, stating the ruling is "fraught with danger" and sought a stay on the Lokpal order.

Background of Lokpal's Order

• Lokpal, led by former Supreme Court judge Justice AM Khanwilkar, ruled that a high court judge qualifies under Section 14(1)(f) of the Lokpal Act.
• The ruling was based on a complaint against a high court judge for alleged misconduct involving favoritism towards a private company.
• Lokpal concluded that a high court created by an Act of Parliament falls under Section 14(1)(4) of the Act.
• The Lokpal forwarded the complaint to the chief justice, awaiting guidance.

The Supreme Court took suo motu cognizance of the ruling and stayed it pending further examination.