The Supreme Court of India has stayed a Lokpal order that took cognizance of a corruption complaint against an unnamed High Court judge. The January 27 order, issued by the Lokpal bench led by former SC judge A M Khanwilkar, asserted that the Lokpal has the authority to hear corruption complaints against former judges under the Lokpal and Lokayuktas Act, 2013.
Supreme Court’s Response
- The SC took suo motu cognizance of the matter, with a Bench of Justices B R Gavai, Surya Kant, and A S Oka calling it “very, very disturbing”.
- The court has stayed the Lokpal’s order and scheduled the next hearing for March 18, 2025.
Legal Provisions on Judicial Immunity
- Section 77 of the IPC, 1860 & Section 15 of the Bharatiya Nyaya Sanhita, 2023: Judges cannot be charged for acts performed in their official capacity.
- K Veeraswami v. Union of India (1991):
- Judges are public servants and can be investigated under the Prevention of Corruption Act (PCA).
- However, Presidential sanction is mandatory before initiating a case against a judge.
- The President must consult the Chief Justice of India (CJI) before granting approval, ensuring protection against frivolous cases.
