'No Final View Formed, No Abuse Of Process Of Law': Lokpal Seeks Dismissal Of JMM Chief Shibu Soren's Plea In Delhi HC

The petition filed by Jharkhand Mukti Morcha (JMM) Chief and Rajya Sabha MP Shibu Soren challenging the proceedings against him is "completely misconceived", the Lokpal of India has argued before the Delhi High Court.

Soren had approached the court challenging the proceedings initiated by Lokpal pursuant to a complaint dated August 5, 2020 filed by BJP's Nishikant Dubey, alleging that he amassed huge wealth by corrupt means. The proceedings before Lokpal were stayed by the high court in September.

Lokpal has sought dismissal of Soren's plea, arguing that none of his fundamental rights have been violated in the matter.

In its counter affidavit opposing the plea filed through its Deputy Registrar, Lokpal has said that a preliminary inquiry was proper course of action in the matter including for ascertaining whether Soren and his family hold the properties as mentioned in the complaint.

Soren was granted an opportunity of hearing before a decision was made as to whether there existed a prima facie case against him, according to Lokpal. The response further adds that the matter is "still open to adjudication" including on the issue of limitation and that "no final view has been formed."

Lokpal has argued it would be wrong to say that the proceedings initiated by it are vitiated by illegalities or are devoid of merits.

"As such, neither has there been any abuse of the process of law, nor have the Petitioner's fundamental rights been violated. The present petition is completely misconceived," it has contended.

About Impugned Proceedings and Soren's Plea

Lokpal had earlier directed the CBI to make a preliminary enquiry into Dubey's complaint under Section 20(1)(a) of the Lokpal and Lokayuktas Act, 2013. Soren has told high court that the said order was not served on him.

Alleging that the complaint was false, frivolous and vexatious, Soren in his plea argued that according to Section 53 of the Act, there is a statutory bar against the Lokpal assuming jurisdiction to inquire or investigate into any complaint made after the expiry of seven years from the date on which the alleged offence is said to have been committed.

"Therefore, initiation of the proceedings under the Complaint, or at the very least, continuation thereof, once it has been demonstrated by the preliminary inquiry that it pertains to alleged acquisitions prior to the 7-year period, is clearly barred by statute, without jurisdiction and liable to be quashed," Soren argued.

The plea further submitted that the maximum period of 180 days for completion of preliminary enquiry from the date of Complaint expired on February 1, 2021. In this backdrop, it was stated that comments were sought from Soren only on July 1, 2021 which is beyond the prescribed statutory period.

It is Soren's case that the order was passed without considering the preliminary objection on jurisdiction raised by him.

While staying the proceedings, Justice Yashwant Varma on September 12 noted that all that the Lokpal of India recorded in its order dated August 4, 2022 was that the comments received from Soren were forwarded to CBI so as to examine and submit an enquiry report.

"However, the challenge to assumption of jurisdiction by respondent no. 1 (Lokpal of India) has neither been answered nor dealt with. Matters require consideration. There will be a stay of proceedings pending before the Lokayukta," the court said in the order. 

Case Title: SHIBU SOREN v. LOKPAL OF INDIA & ANR.