Article 226 | Interference In Proceedings Before Lokpal Must Be Avoided Unless Something Is Palpably Wrong Or Contrary To Law: Delhi High Court

The Delhi High Court has observed that interference in the proceedings pending before Lokpal of India, while exercising writ jurisdiction, ought to be avoided unless there is something palpably wrong or contrary to law.

Justice Prathiba M Singh added that repeated petitions seeking to interdict in the proceedings before the anti corruption body would defeat the purpose of the Lokpal and Lokayuktas Act, 2013.

Noting that Lokpal is a body created by Parliament to look into allegations of corruption and misconduct of public servants, the court said that the anti corruption body needs to be able to get enquiries and investigations done by specialised agencies in order for it to function effectively.

“Moreover, interference in the proceedings before Lokpal, while exercising writ jurisdiction, ought to be avoided, unless there is something palpably wrong or contrary to law. Repeated petitions seeking to interdict the proceedings before Lokpal would defeat the very purpose of the legislation,” the court said.

The court was hearing a plea moved by former IAS officer Ramesh Abhishek challenging the orders passed by the Lokpal of India on February 02, 2022 and January 03. The anti corruption body had directed inquiries and investigation by the Directorate of Enforcement against Abhishek in respect of possession of disproportionate assets.

The Lokpal of India had referred the matter to ED to make enquiries in respect of immovable property and other properties of Abhishek. ED then communicated a report to Lokpal last year which was considered by the anti corruption body on January 03. An open enquiry was ordered and it was further directed that the investigation should be completed by ED within two months.

Disposing of the matter, the court said that the entire matter is under consideration of the Lokpal of India and that Abhishek’s challenge in the petition was to stop the investigation by anti corruption body.

The court noted that various steps in terms of initiating prosecution are yet to be initiated by Lokpal of India, prior to which Abhishek shall be afforded a hearing.

It also said that Abhishek may also move an appropriate application before Lokpal of India for dealing with the findings or conclusions in the final report that shall be filed by ED.

“Accordingly, all the grounds raised in this petition are left open to be considered and decided by Lokpal. This Court has not made any observations on merits in this regard. The remedies of the Petitioner, if needed, at the appropriate stage are also left open. Petition is disposed of in these terms,” the court said.

Title: RAMESH ABHISHEK v. LOKPAL OF INDIA & ANR.

Citation: 2023 LiveLaw (Del) 398

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