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Can the Lokpal hear the corruption cases filed against the current judges of the High Court. Does Lokpal and Lokayukta Act 2013 give the Lokpal permission to investigate the allegations against the judges. Today, this case related to jurisdiction in the Supreme Court will be heard.
In fact, the Supreme Court took action on an order of January 27 of Lokpal. In which it was said that the Lokpal has the right to hear the complaints lodged against the High Court Judge. The order was banned on 20 February. Then Justice Gawai said that this is a very disturbing thing.
The entire case is related to the case filed against a High Court judge and additional judge. Those who were accused of influencing judicial proceedings to benefit a private company.
The Supreme Court made Advocate Ranjit Kumar an amicus cururi to help. In the April 15 hearing, the court said that it would hear the arguments on 30 April. If needed, the hearing will be held on the second day.
Justice BR Gawai, Justice Abhay S Oak and Justice Suryakant have issued notice to the Center, Lokpal Registrar and the complainant on the matter seeking answers.
Order of Lokpal, which raised the dispute over jurisdiction
On 27 January 2025, former Supreme Court judge Justice AM Khanwilkar had said that the judges of the High Court established by the Acts of Parliament come under the purview of the Lokpal and Section 14 of the Lokayukta Act. Therefore, he can investigate the complaints that come to him, which are against the judges of the High Court.
2 arguments of the central government …
- During the March 18 hearing, Solicitor General Tushar Mehta on behalf of the central government had said- High Court judges will never come under the purview of Lokpal and Lokayukta Act, 2013.
- Only one section of the Lokpal Act is to be investigated. The limited issue is whether the Lokpal has the right to hear complaints against the judges. What should be its method and tantra.
Justice Gawai had said that the system of investigation has been built in 1999
During the hearing of the case, Justice BR Gavai had said that there is already a system to listen to complaints against the judges. According to a report by the Supreme Court Observer, Justice Gawai was talking about the in-house process created by the Supreme Court in 1999. This process was made on allegations of misconduct against the current judges of the Supreme Court and the High Court.
CJI permission is necessary for complaint against any judge
Currently, under the system, the Chief Justice of India has to take approval to register an FIR against any judge. This rule Veeraswamy vs. was formed after the historic decision given in the Union of India (1991). In this case, the Constitutional Bench had said that the Judge of the Supreme Court or High Court is a ‘public servant’ under the Prevention of Corruption Act, 1988.
It was only after this decision that the judges were protected and said that no investigation against any judge could proceed without the pre -approval of CJI.
In the current case, the court said that the judges are not free from criminal obligations, but they should be saved from allegations inspired by trivial or politics. Otherwise, judicial integrity will weaken.
Lokpal sought guidance from CJI on jurisdiction
Justice Khanwilkar’s bench argued that since many High Courts were initially established under British rule, which were later recognized under the Indian Constitution, they should be considered an institution established by the Act of Parliament. Thus his judges will come under the purview of the 2013 Act. Despite confirming his jurisdiction, the Lokpal opted to seek guidance from CJI before proceeding and postponed action on complaints.
What is Lokpal and Lokayukta Act, 2013
The Lokpal and Lokayukta Act, 2013 is a central law that was made with the aim of fighting effectively against corruption in India and strengthening the grievances of the people. The Act provides for the establishment of Lokpal (at the center level) and Lokayukta (at the state level). This law came into effect from 1 January 2014.
The first Lokpal Justice Pinaki Chandra Ghosh was appointed in March 2019. The Lokpal has powers like the court. He may recommend prosecution and also order action.
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