Supreme Court Takes Suo Motu Case Over Lokpal Decision That It Entertain Complaint Against High Court Judge

The Supreme Court has initiated a suo motu case over a Lokpal decision that it can exercise jurisdiction over High Court Judges.

A Special Bench comprising Justice BR Gavai, Justice Surya Kant and Justice Abhay S Oka will hear the suo motu case tomorrow (In Re: Order Dated 27/01/2025 Passed By Lokpal Of India and Ancilliary Issues).

In the order passed on January 27, the Lok Pal, headed by former Supreme Court judge Justice AM Khanwilkar, ruled that a Judge of the High Court would qualify as a person in a body established by an Act of Parliament within the sweep of Section 14(1)(f) of the Lokpal Act. The Lokpal reasoned that since the High Court in question was created for a newly formed State by an Act of the Parliament, it would come within Section 14(1)(4).

"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," it observed.

The Lokpal was deciding a complaint accusing a High Court judge of influencing an Additional District Judge and another High Court judge to favour a private company in a suit.

Without expressing anything on the merits of the matter, the Lokpal forwarded the complaint to the Chief Justice, awaiting his guidance.

"We make it amply clear that by this order we have decided a singular issue finally - as to whether the Judges of the High Court established by an Act of Parliament come within the ambit of Section 14 of the Act of 2013, in the affirmative. No more and no less. In that, we have not looked into or examined the merits of the allegations at all," the Lokpal said in the order.

Previously, the Lokpal had ruled that it cannot exercise jurisdiction over the Chief Justice of India or a Judge of the Supreme Court as the Supreme Court was not a body established by an Act of the Parliament.

The Lokpal's order did not disclose the identity of the Judge or the High Court.