SC to hear on March 18 suo motu proceeding initiated over Lokpal's order

The Supreme Court is scheduled to hear on March 18 a suo motu proceeding in which it had stayed the Lokpal's order on entertaining complaints against sitting high court judges.

A three-judge bench comprising Justices B R Gavai, Surya Kant, and Abhay S Oka is slated to hear the matter.

The top court is dealing with a suo motu proceeding initiated over the January 27 order passed by the Lokpal.

While hearing the matter on February 20, the apex court stayed the Lokpal order, saying it was "something very, very disturbing" and concerned the independence of the judiciary.

The top court had issued notice and sought responses from the Centre, the Lokpal registrar and the person who filed complaints against a sitting high court judge.

Solicitor General Tushar Mehta, appearing for the Centre, had said a high court judge would never fall within the ambit of the Lokpal and Lokayuktas Act, 2013.

Dealing with Lokpal's order on two specific complaints against the sitting high court judge, the apex court had issued an injunction to prevent the complainant from disclosing the name of the judge and directed him to keep the complaint confidential.

The Lokpal passed the order on two complaints filed against a sitting additional judge of the high court.

The complaints alleged that he influenced an additional district judge in the state and a judge of the same high court slated to deal with a suit filed against the complainant by a private company to favour the firm.

The private company, it was alleged, was earlier a client of the high court judge in question while he was practising as an advocate at the Bar.

In its order, the Lokpal directed the complaints and relevant materials received in its registry in two matters to be forwarded to the office of the Chief Justice of India for his kind consideration.

"Awaiting the guidance of the Chief Justice of India, consideration of these complaints, for the time being, is deferred until four weeks from today, keeping in mind the statutory time frame to dispose of the complaint in terms of Section 20 (4) of the Act of 2013," said the Lokpal bench headed by Justice A M Khanwilkar on January 27.

The Lokpal added, "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 order noted it would be "too naive" to argue that a high court judge would not come within the ambit of expression "any person" in clause (f) of section 14 (1) of the 2013 Act.