Delhi HC reserves verdict on JMM chief's appeal against order refusing to interfere in Lokpal proceedings

The Delhi High Court reserved its order on an appeal by veteran politician and Jharkhand Mukti Morcha (JMM) chief Shibu Soren against the single judge’s order to not intervene in the proceedings initiated against him by the Lokpal, based on a complaint filed by BJP MP Nishikant Dubey. The court emphasized the independence of the Lokpal in deciding whether there was sufficient material to proceed with an investigation.

The Division Bench of Justices Rekha Palli and Rajnish Bhatnagar reserved the judgment, stating that either the order would be uploaded by Tuesday or by Wednesday after adjudicating the entire facts of the case. In an August 2020 complaint, Nishikant Dubey had alleged that Soren and his family members acquired huge wealth and properties by misusing the public exchequer and had grossly indulged in corruption.

The court had affirmed the autonomy of the Lokpal, stating that allegations of political influence cannot be accepted, and the Lokpal would independently examine the matter to decide whether an investigation was warranted. The High Court had earlier stayed the Lokpal proceedings in September 2022, and the Lokpal had defended the preliminary enquiry, stating that it was a proper course of action to ascertain the facts mentioned in the complaint.

In January, Justice Subramonium Prasad had refused to intervene in the proceedings deeming Soren’s petition challenging the Lokpal proceedings and the complaint as premature. The court had highlighted that the Lokpal had not yet applied its mind to the material provided by the CBI regarding the necessity of an investigation. The Lokpal had maintained that the matter was open for adjudication, including the issue of limitation.

Earlier, Justice Prasad had rejected the argument presented by Soren’s counsel, contending that the entire complaint was politically-motivated and that the Lokpal would inevitably order an investigation. The Lokpal had asserted that Soren’s plea was misconceived, and no violation of fundamental rights occurred.

The court had stressed the independence of the Lokpal in deciding whether there was sufficient material to proceed with an investigation. The Division Bench of Justices Rekha Palli and Rajnish Bhatnagar reserved the judgment, stating that either the order would be uploaded by Tuesday or by Wednesday after adjudicating the entire facts of the case.

As the case unfolds, the nation awaits the High Court’s decision on the appeal, which could have significant implications in shaping the future of the proceedings initiated against Shibu Soren by the Lokpal.