The Supreme Court on Thursday (February 20) issued a notice to the Union Government in a suo motu case challenging a recent Lokpal decision that asserted its jurisdiction over High Court judges.

A bench comprising Justices B.R. Gavai, Surya Kant, and Abhay S. Oka expressed strong disapproval of the Lokpal’s reasoning and stayed the operation of the order.

The Court also sought responses from the Registrar General of the Lokpal and the complainant while directing that the identity of the concerned High Court judge and the contents of the complaint remain confidential.

Commenting on the matter, Justice Gavai remarked that the Lokpal’s reasoning was “very disturbing.” Solicitor General of India, Tushar Mehta, argued that the Lokpal had misinterpreted the law, emphasizing that High Court judges were never intended to fall under its purview.

Senior Advocate Kapil Sibal also criticized the Lokpal’s stance and urged the Court to halt its implementation.

The controversy stems from a Lokpal order dated January 27, in which the anti-corruption ombudsman was addressing a complaint against a sitting High Court judge.

The complaint alleged that the judge influenced an Additional District Judge and another High Court judge to favour a private company in a legal dispute.

In its ruling, the Lokpal, led by former Supreme Court judge Justice A.M. Khanwilkar, held that a High Court judge falls within the definition of “any person” under Section 14(1)(f) of the Lokpal and Lokayuktas Act, 2013. It reasoned that since the High Court in question was established for a newly formed state by an Act of Parliament, it fell under the Act’s ambit.

However, the Supreme Court bench disagreed, emphasizing that after the adoption of the Constitution, High Court judges are recognized as constitutional authorities rather than statutory functionaries.

Significantly, the Lokpal had previously ruled that it does not have jurisdiction over the Chief Justice of India or Supreme Court judges, as the Supreme Court was not established by an Act of Parliament.

While the Lokpal had refrained from making any observations on the merits of the allegations against the High Court judge, it forwarded the complaint to the Chief Justice for guidance. The matter is now pending further deliberation before the Supreme Court.