Delhi High Court Issues Notice On Jharkhand Mukti Morcha's Plea Against Lokpal Order To Probe Party's Properties

The Delhi High Court on Tuesday issued notice on a plea moved by Jharkhand Mukti Morcha against an order passed by the Lokpal of India directing the Central Bureau of Investigation (CBI) to investigate two properties which are under the party's name.

Justice Subramonium Prasad ordered that no further steps be taken by the Lokpal of India in the matter till May 10, the next date of hearing.

JMM challenged Lokpal's order passed on March 04 vide which CBI was directed to probe as to whether the two properties belong to public servant or the political party.

The order was passed on a complaint filed by BJP MP Nishikant Dubey against Rajya Sabha MP Shibu Soren. The Lokpal had directed CBI to probe the alleged benami properties linked to Soren within six months.

Senior Advocate Kapil Sibal appearing for Soren submitted that the two properties in question belong to JMM and not Soren.

It was submitted that the impugned order is beyond the jurisdiction of the Lokpal of India under The Lokpal and Lokayuktas Act, 2013.

It was contended that the enquiry under the statute can only be initiated against a person and not a political party.

Sibal said that once CBI has come to a conclusion in its report that the properties belong to a political party, the impugned order goes outside the ambit of the Act.

The plea submits that the impugned order is ex facie bad in law and without jurisdiction. It adds that the order was passed behind JMM's back, which is outside the purview of the Lokpal of India.

On August 5, 2020, a complaint was filed by BJP's Nishikant Dubey before the Lokpal of India, alleging that Soren had amassed huge wealth by corrupt means. The proceedings before Lokpal were stayed by the High Court in September 2022.

Earlier this year, the single judge refused to interfere with the proceedings initiated by Lokpal of India against Soren. His appeal against the single judge order was dismissed by a division bench.

Title: JHARKHAND MUKTI MORCHA v. NISHIKANT DUBEY