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by Admin
07 May 2024 2:49 AM
The Delhi High Court’s judgment focused on the question of the Lokpal’s jurisdiction to investigate allegations of corruption against a sitting Member of Parliament, Shibu Soren, under the Lokpal and Lokayuktas Act, 2013. Specifically, it addressed the applicability of Section 53 of the Act, which limits inquiries into complaints made after seven years from the date of the alleged offense, and the Lokpal’s decision-making process under Sections 20(1) and 20(3) of the Act.
Facts and Issues: The case revolved around a complaint filed by Lok Sabha MP, Nishikant Dubey, alleging that Shibu Soren, a Rajya Sabha MP, engaged in corrupt practices and acquired several properties through unfair means. The Lokpal directed the CBI to conduct a preliminary inquiry under Section 20(1) of the Act. Soren challenged the proceedings, arguing that most acquisitions occurred over seven years ago, hence falling outside Lokpal’s jurisdiction as per Section 53.
Court’s Assessment: The court examined the Lokpal’s authority and process under Sections 20(1) and 20(3) of the Act. It was determined that the Lokpal had correctly initiated a preliminary inquiry to ascertain a prima facie case. The court noted, “the stage at which the question as to whether the complaint is barred under Section 53 is required to be decided, will depend on facts of each case.” It was held that this need not necessarily be decided at the time of ordering a preliminary inquiry under Section 20(1)(a) but may be decided after the inquiry report is received.
The court also observed that the complaint Involved allegations beyond just the acquisition of properties, including misuse of power and ongoing incidents of amassing wealth. Therefore, it was not a fit case for the Lokpal to reject the complaint initially as being barred by limitation.
Decision of the Judgment: The High Court dismissed the appeal, holding that the Lokpal was yet to make a final decision under Section 20(3) and that the writ petition filed by Shibu Soren was premature. The court found no reason to interfere with the Single Judge’s decision and upheld the Lokpal’s jurisdiction in proceeding with the complaint.
Date of Decision: 20th February 2024
Shibu Soren vs Lokpal of India & Anr.
