Supreme Court sets July to hear matter over Lokpal’s jurisdiction in examining complaints against judges

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

The Supreme Court on Wednesday (April 30, 2025) decided to hear in July arguments over an order of the anti-corruption ombudsman, Lokpal, to examine complaints against sitting High Court judges.

Justice B.R. Gavai, who was heading a special bench comprising Justices Surya Kant and Abhay S. Oka, told assembled lawyers in the suo motu case dealing with the question whether Lokpal has jurisdiction to entertain corruption complaints against HC judges that the case has to be heard by another Bench.

Justice Oka, on the Special Bench with Justice Surya Kant, explains to senior advocate Kapil Sibal and Solicitor General Tushar Mehta that “this is something for the CJI to decide” and propriety required the current Bench to not continue hearing the suo motu case.

Justice Gavai was cleared for appointment as the 52nd Chief Justice of India from May 14. Justice Gavai, who is currently Chief Justice of India-designate, informed lawyers that the suo motu case would come up before a fresh Bench in July, after the apex court re-opens post summer vacations.

The apex court was dealing with a suo motu proceeding initiated over the Lokpal’s January 27 order on two complaints filed against a sitting additional judge of the high court.

The complaints allege the judge 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.

The top court had on February 20 stayed the Lokpal’s order, saying it was “something very, very disturbing” and concerned the independence of the judiciary.

It then issued notices and sought responses from the Centre, the Lokpal registrar and the complainant.

While hearing the matter on March 18, the apex court said it would examine the issue over the jurisdiction of Lokpal in entertaining complaints against sitting high court judges.

It asked senior advocate Ranjit Kumar to assist it as an amicus curiae in the matter.

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

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

(With PTI inputs)