Supreme Court banned High Court judges on the order of Lokpal, said- Risk for freedom of judiciary

New Delhi: The Supreme Court on Thursday stayed the order of the Lokpal to consider complaints against the High Court judges. The apex court called it a ‘extremely disturbing’ and an order affecting the independence of the judiciary. Justice BR The special bench headed by Gawai has issued a notice seeking a reply from the person who filed a complaint against the Center, Lokpal Registrar and the current judge of the High Court. Solicitor General Tushar Mehta, presented by the Center, said that the High Court judges do not come under the Lokpal.

The complainant was stopped from exposing the name of the judge

The court has stopped the complainant from revealing the name of the judge. he/she also directed the complainant to keep his/her complaint confidential. On the order passed by the Lokpal on January 27, the Supreme Court has started taking action by taking cognizance. Justice Gawai described the Lokpal’s argument as ‘very worrying’. The Supreme Court has said that the High Court has a constitutional authority after the Constitution is implemented, so they cannot be seen only as a statutory functionary, as the Lokpal has accepted.

‘The interpretation of Lokpal is wrong’

The bench of Justice BR Gawai, Justice Suryakant and Justice AS Oka said that the argument given by the Lokpal is a problem. During this, Solicitor General of India Tushar Mehta said that the interpretation of Lokpal is wrong and the High Court judges are never under the Lokpal. The Supreme Court rejected the logic of the Lokpal. At the same time, Justice Gawai described the logic of the Lokpal as ‘extremely worrying’.

What did Lokpal ordered?

In fact, the Lokpal had said in one of its orders that the High Court was established under the Act enacted by Parliament for the state, so it falls under Section 14 (1) (F) of the Lokpal Act, 2013. Lokpal also said that High Court Justices are also involved in the definition of ‘any person’ under Section 14 (1) (F). However, the Lokpal did not comment on the truth of the complaint in the case and sent it to CJI for further action. The leadership of the Lokpal is the former Supreme Court Judge AM. Khanwilkar is doing. In this case, the Supreme Court said that after the Constitution came into force, the judges of the High Court have been considered an independent constitutional authority.

Nazir will be decided on important legal question

This case is a big issue of clarifying the constitutional boundary between the powers of the Lokpal and the freedom of the judiciary. The order of the Supreme Court clearly indicates that the judges of the High Court cannot be brought under the purview of the Lokpal. In further hearing, it will be decided whether the Lokpal has the right to investigate the judges of the High Court or not? Also, the interpretation that the Supreme Court gives will become a Nazir for the future.