Delhi HC Refuses To Interfere With Lokpal Proceedings Against Jharkhand Mukti Morcha Chief Shibu Soren
Last year on September 12, the high court had stayed the Lokpal proceedings and said the matter required consideration.
New Delhi: The Delhi High Court on Monday declined to intervene in the proceedings initiated against Jharkhand Mukti Morcha chief Shibu Soren by the Lokpal based on a complaint filed by BJP MP Nishikant Dubey.
During the hearing, Justice Subramonium Prasad said the former Jharkhand chief minister's petition challenging the Lokpal proceedings as well as the complaint was "premature," reported news agency PTI.
"Writ courts cannot substitute themselves as an authority which has been vested with a duty under the Statute to consider as to whether there is material in it or not for ordering investigation. The writ petition, therefore, is premature in nature," the court stated.
The court further stated, "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 (Lokpal and Lokayukta) Act has been brought out."
In the complaint made in August 2020, Dubey claimed “Shibu Soren and his family members acquired huge wealth and properties by misusing the public exchequer and have been grossly indulged in corruption”.
Last year on September 12, the high court had stayed the Lokpal proceedings and said the matter required consideration.
During the hearing, Soren argued that the case against him was "purely malafide" and "politically motivated". He argued the complaint could not have been entertained by the anti-corruption ombudsman as the allegations pertained to a time which was seven years before the date of submission of the complaint.
In terms of provisions under Section 53 of the Lokpal and Lokayukta Act, 2013, a complaint cannot be made after the expiry of seven years from the date on which the offence mentioned in the complaint is alleged to have been committed.
The Lokpal said the proceedings were being conducted as per the law and the complaint was still “open to adjudication” as “no final view has been formed” and it “cannot comment on the merit of the complaint at this stage”.
It said the Lokpal was established to look into allegations of corruption against public functionaries in line with the country's commitment to the policy of “zero corruption”. A complaint, it said, need not be "rejected at threshold".
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