Supreme Court stays Lokpal’s order that it has jurisdiction over High Court judges

The Supreme Court had taken suo motu cognisance of the January 27 decision of the Lokpal that High Court judges were ‘public servants’ and, thus, came within the ambit of the Lokpal Act. File
| Photo Credit: The Hindu

The Supreme Court on Thursday (February 20, 2025) stayed an order by top anti-corruption ombudsman Lokpal that it has jurisdiction over High Court judges.

A Special Bench of Justices B.R. Gavai, Surya Kant and A.S. Oka issued notice to the Union government and sought the assistance of Solicitor General Tushar Mehta, senior advocates Kapil Sibal and P.B. Suresh.

Justice Gavai said the Lokpal order delivered by a Bench headed by former Supreme Court judge, Justice A.M. Khanwilkar, was “disturbing” and concerned the independence of the judiciary.

The apex court had taken suo motu cognisance of the January 27 decision of the Lokpal that High Court judges were ‘public servants’ and, thus, came within the ambit of the Lokpal Act.

“It will be too naive to argue that a Judge of a High Court will not come within the ambit of expression “any person” in clause (f) of Section 14(1) of the Act of 2013,” the Lokpal order had observed.

The Lokpal decision was based on a complaint filed against a High Court judge accused of influencing an Additional District judge and another High Court judge to favour a private company in a case.