Delhi HC Issues Notice on Jharkhand Mukti Morcha's Plea Against Lokpal's Order for CBI Probe into Party-Owned Properties

Delhi HC Issues Notice on Jharkhand Mukti Morcha's Plea Against Lokpal's Order for CBI Probe into Party-Owned Properties

The Delhi High Court has responded to a petition filed by the Jharkhand Mukti Morcha, regarding an order from the Lokpal of India instructing the Central Bureau of Investigation (CBI) to probe two properties registered under the party's name.

Justice Subramonium Prasad has directed that the Lokpal of India refrain from taking any additional actions in the case until the next hearing scheduled for May 10th.

The Jharkhand Mukti Morcha (JMM) contested the order issued by the Lokpal on March 4th, which directed the Central Bureau of Investigation (CBI) to investigate whether the two properties are owned by a public servant or the political party.

The order stemmed from a complaint lodged by BJP MP Nishikant Dubey against Rajya Sabha MP Shibu Soren. In response, the Lokpal directed the CBI to investigate the purported benami properties associated with Soren within a timeframe of six months.

Senior Advocate Kapil Sibal, representing Soren, argued that the two properties under scrutiny rightfully belong to the JMM and not Soren personally. He further contended that the order in question exceeds the jurisdiction of the Lokpal of India as defined by The Lokpal and Lokayuktas Act, 2013.

The contention put forward was that investigations under the statute are only permissible against individuals, not political parties. Sibal emphasized that if the CBI's report concludes that the properties are owned by a political party, then the challenged order falls outside the scope of the Act.

The plea asserts that the challenged order is inherently flawed in terms of legality and lacks jurisdiction. Furthermore, it contends that the order was issued without the involvement or knowledge of the JMM, a circumstance that falls beyond the authority of the Lokpal of India.

On August 5, 2020, BJP member Nishikant Dubey lodged a complaint with the Lokpal of India, accusing Soren of accumulating significant wealth through corrupt practices. However, proceedings before the Lokpal were halted by the High Court in September 2022.

Earlier this year, a single judge declined to intervene in the proceedings initiated by the Lokpal of India against Soren. Subsequently, his appeal against this decision was rejected by a division bench.

Case Title: JHARKHAND MUKTI MORCHA v. NISHIKANT DUBEY

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