Breaking | "Matter Of Great Significance": Supreme Court Stays Lokpal's Order Claiming Jurisdiction Over High Court Judges

The Supreme Court today stayed a recent Lokpal of India's decision asserting jurisdiction over High Court judges.

The Bench of Justice BR Gavai, Justice Surya Kant, and Justice Abhay S Oka took suo motu cognizance of the matter and issued notice, expressing grave concern over the implications of the Lokpal’s ruling.

The case before the Lokpal (Justice AM Khanwilkar) involved allegations against a sitting High Court judge, who was accused of influencing an Additional District Judge and another High Court judge to favor a private company in a civil suit.

Today, the Court, taking note of the order, has now stepped in to examine whether the Lokpal Act extends to the higher judiciary.

During the hearing, Justice Gavai remarked, "Mr. Solicitor, we would like to issue notice. Something very, very disturbing."

Senior Advocate Kapil Sibal, appearing in the matter, expressed his willingness to assist the Court, emphasizing that the legal position on the Lokpal’s jurisdiction over judges needed clarity. "The law needs to be laid down. The order needs to be stayed," Sibal submitted.

Concurring with Sibal’s argument, Justice Gavai agreed to stay the Lokpal’s order and scheduled the matter for hearing after Holi, tentatively on March 18.

While issuing notice in the suo moto matter, Justice Gavai remarked, "The matter is of great significance."

Interim Order

1. Notice issued in the suo motu proceedings.

2. Stay granted on the Lokpal’s order.

3. Injunction imposed on the complainant from disclosing the name of the Hon’ble Judge against whom the complaint was filed or revealing its contents.

Lokpal of India's Order

Pertinently, on January 27, the order was delivered by Lokpal, former Supreme Court judge Justice AM Khanwilkar. The ruling interpreted Section 14(1)(f) to include High Court judges as “persons in a body established by an Act of Parliament.” The reasoning was that since the concerned High Court was created for a newly formed State by a Parliamentary Act, its judges fall under the Lokpal’s ambit.

"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 stated in its order.

The ruling arose from a complaint accusing a sitting High Court judge of improperly influencing an Additional District Judge and another High Court judge to favor a private company in a lawsuit. However, the Lokpal did not examine the merits of the complaint, instead forwarding it to the Chief Justice of the concerned High Court for further action.

Cause Title: In Re: Order dated 27/01/2025 passed by Lokpal of India and Ancilliary Issues [SMW(C) No. 2/2025; Diary No. 9527/2025]