Delhi HC refuses to interfere with Lokpal proceedings against Shibu Soren

Delhi High Court refuses to interfere with Lokpal proceedings against JMM chief Shibu Soren, stating complaint validity overrides time limit.

The Delhi High Court on Monday refused to interfere with the proceedings initiated against Jharkhand Mukti Morcha (JMM) chief Shibu Soren by the Lokpal on a complaint by BJP MP Nishikant Dubey, saying the former Chief Minister’s contention that a complaint under the relevant law cannot be made after the expiry of seven years can’t override the basic purpose of the Act brought in to prevent corruption in high offices.

Justice Subramonium Prasad said the former Jharkhand Chief Minister’s petition challenging the Lokpal proceedings as well as the complaint was “premature” and it is for the ombudsman to see if there is sufficient material to proceed further. “Writ courts cannot substitute themselves as an authority that 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.

In the complaint made in August 2020, Mr. Dubey claimed Mr. Soren and his family acquired huge wealth by misusing the public exchequer and indulged in corruption. On receipt of the complaint, the Lokpal directed the CBI to conduct a preliminary enquiry against Mr. Soren to ascertain whether there existed a prima facie case for proceeding against him.

In its 31-page judgment, Justice Prasad rejected Mr. Soren’s allegation of “malice” and asserted that the Lokpal was yet to apply its mind to the material provided by the CBI.

“The office of Lokpal is completely independent and an argument that the Lokpal would be influenced by political consideration cannot be countenanced. This allegation that the proceedings before the Lokpal is vitiated and can be politically motivated, cannot be accepted,” the court said. “The Lokpal will examine the matter independently and shall take a decision as to whether an investigation has to be ordered or not,” added the court.

Mr. Soren had argued before the High Court that the case against him was “purely malafide“ and “politically motivated”.

It was on September 12, 2022, that the High Court stayed the Lokpal proceedings against Mr. Soren and said the matter required consideration.