Disproportionate Assets Case: Delhi High Court Stays Lokpal Proceedings Initiated Against Jharkhand Mukti Morcha Chief Shibu Soren

The Delhi High Court on Monday stayed the proceedings initiated by Lokpal of India under the provisions of the Lokpal & Lokayuktas Act, 2013 against Jharkhand Mukti Morcha (JMM) Chief and Rajya Sabha MP Shibu Soren in connection with a disproportionate assets case.

Justice Yashwant Varma passed the order on Soren's plea challenging the validity of the said proceedings, claiming that the same was ex facie bad in law and without jurisdiction.

The proceedings were initiated by Lokpal of India pursuant to a complaint dated August 5, 2020 filed by BJP's Nishikant Dubey. Thereafter, CBI was directed to make a preliminary enquiry into the Complaint under sec. 20(1)(a) of the Lokpal and Lokayuktas Act, 2013. Soren claimed that the said order was not served on him.

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.

"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," the plea reads.

The plea further submits 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 has been stated that by this time, comments were sought from Soren only on July 1, 2021 which is beyond the prescribed statutory period.

"The final preliminary enquiry report was submitted by the CBI on 29.06.2022, about a year and a half after expiry of the 180- day period. Such purported report is null and void and non est in the eyes of law and cannot be received or considered by the Respondent No.1," the plea adds.

The Court took note of the order passed by Lokpal of India dated August 4, 2022 directing that proceedings under sec. 20(3) of the Lokpal Act be initiated to determine whether a prima facie case existed to proceed against Soren. It is Soren's case that the order was passed without considering the preliminary objection on jurisdiction raised by him.

The Court thus noted that in the said order, all that the Lokpal of India recorded was that the comments received from the petitioner 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 ordered.

The matter will now be heard on 14 December.

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