Delhi High Court Refuses To Interfere With Lokpal Proceedings Against Jharkhand Mukti Morcha Chief Shibu Soren

The Delhi High Court on Monday refused to interfere at this stage with the proceedings initiated by Lokpal of India against Jharkhand Mukti Morcha (JMM) Chief Shibu Soren in connection with a disproportionate assets case.

Justice Subramonium Prasad said that the plea moved by Soren challenging the Lokpal proceedings is “premature at this juncture”.

The court said that the Lokpal is yet to apply its mind on the material provided by the CBI as to whether an investigation in the matter is necessary or not.

“This Court, therefore, does not want to enter into this realm at this juncture and it is for the Lokpal to take a decision as to whether there is sufficient material to proceed further for investigation or not in order to subserve the purpose for which the Act has been brought out,” it said.

It rejected the contention put forth by Soren's counsel that the entire complaint was completely motivated and that the Lokpal would invariably order for investigation. 

The court observed that the Office of Lokpal is completely independent and an argument that the Lokpal would be influenced by political consideration cannot be countenanced and the allegation that the proceedings before the Lokpal is vitiated and can be politically motivated, cannot be accepted.

“The Lokpal will examine the entire matter independently and shall take a decision as to whether an investigation has to be ordered or not which order is always amenable for challenge under Article 226 of the Constitution of India. The CBI has submitted a preliminary inquiry and the Lokpal has to take a decision as to whether to proceed further in the case or not,” Justice Prasad said.

Soren 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 2022.

Claiming that the complaint was false, frivolous and vexatious, Soren in his plea submitted that according to sec. 53 of the Act, there is a statutory bar against the Lokpal of India assuming jurisdiction to inquire or investigate into any Complaint made after the expiry of seven years from the offence alleged.

On the other hand, the Lokpal of India had opposed the plea stating that it was “completely misconceived" and that none of Soren's fundamental rights had been violated in the matter.

Lokpal had 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 added that the matter was "still open to adjudication" including on the issue of limitation and that "no final view has been formed."

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

Citation: 2024 LiveLaw (Del) 80

Click Here To Read Order