New Delhi: In the ongoing talks to bring transparency and accountability in the system through the Lokpal, a few of the Supreme Court decisions in past may scuttle the process and even create hindrances in bringing the top brass of the legislative, executive and judiciary under the ambit of Lokpal.

The Supreme Court was unable to punish the MPs involved in the JMM bribery case. The Apex Court gave its nod to investigate into the disproportionate income case of Justice K Veeraswamy as well as provided protection cover to the judiciary. Under the court’s verdict, without approval of the Chief Justice of India (CJI), no inquiry can be set up against any judge.

Regarding the Delhi Judicial Service Association, the Supreme Court has given complete protection to the judges of the lower courts from direct police action.

The sticking point of Lokpal Bill is bringing the Prime Minister and the judges of the Supreme Court under the ambit of the Bill. Civil Society is of the view that without bringing the Prime Minister and judges of the Supreme Court under the purview of Lokpal, the purpose of the bill won’t be served.

Former judge Prem Kumar said, “While bringing the judges under the scan, it must be ensured that the independence and autonomy of the judiciary is not affected.” According to him, the judiciary is the part of basic structure of the Constitution and laws affecting its autonomy can be scrapped by the Supreme Court.

According Rai Rishi Malhotra, a Supreme Court lawyer, the Supreme Court’s decision regarding the JMM case in 1998 and the Veerswamy case can become a major obstacle for Lokpal Bill.

(JPN/ Bureau)