Delhi HC issues notice on Jharkhand Mukti Morcha plea challenging Lokpal order to investigate party properties

The Delhi High Court recently issued notice on a plea filed by Jharkhand Mukti Morcha (JMM) against an order passed by the Lokpal of India directing the Central Bureau of Investigation (CBI) to investigate two properties which are under the party’s name.

A single judge bench of Justice Subramonium Prasad ordered that no further steps be taken by the Lokpal of India in the matter till May 10, which is the next date of hearing.

The JMM challenged Lokpal’s order passed on March 4 vide which Central Bureau of Investigation (CBI) was directed to investigate as to whether the two properties belong to public servants or the political party.

The judgment was passed on a complaint filed by BJP MP Nishikant Dubey against Rajya Sabha MP Shibu Soren. The Lokpal had ordered the CBI to investigate the alleged properties linked to Soren within six months.

Appearing for Shibu Soren, Senior Advocate Kapil Sibal contended that the two properties in question belong to JMM and not Soren. Furthermore, it was mentioned that the impugned order is beyond the jurisdiction of the Lokpal of India under The Lokpal and Lokayuktas Act, 2013.

The Senior Advocate further contended that the enquiry under the statute can only be initiated against a person and not a political party. He said that once the investigation agency has come to a conclusion in its report that the properties belong to a political party, the impugned order goes outside the ambit of the Act.

The petition noted that the impugned order is ex facie bad in law and without jurisdiction. It added that the order was passed behind JMM’s back, which is outside the purview of the Lokpal of India.

Earlier on August 5, 2020, a complaint was lodged by BJP MP Nishikant Dubey before the Lokpal of India, alleging that Soren had amassed huge wealth by corrupt means. The proceedings before Lokpal were stayed by the High Court in September 2022.

Earlier in this year, the single judge refused to interfere with the proceedings started by Lokpal of India against Soren. His appeal against the single judge order was dismissed by a division bench.



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