Shibu Soren, President of Jharkhand Mukti Morcha (JMM) has approached the Delhi High Court challenging a single-judge bench order refusing to interfere in Lokpal proceedings initiated against him in a disproportionate asset case.
Justice Rekha Palli and Justice Sudhir Kumar Jain were hearing the matter today. However, the bench adjourned the matter for hearing tomorrow as Senior Advocate Kabil Sibal was busy with another matter at the Supreme Court. During the hearing today, the Delhi High Court was informed that the matter is coming up for hearing before the Lokpal tomorrow.
Earlier in January, Justice Subramonium Prasad refused to interfere in the Lokpal proceedings, and remarked orally that the plea is premature at this stage, therefore, the court does not want to enter into this realm at this juncture. He added that the Lokpal should take a decision as to whether there is adequate material to proceed for further investigation or not in order to subserve the purpose for which the Act has been brought out.
He stated that writ courts cannot substitute themselves as an authority which has been vested with a duty under the Statute to consider as to whether there is material in it or not for ordering an investigation.
Justice Subramonium Prasad further asserted that the Office of Lokpal is completely independent, and an argument that the Lokpal would be influenced by political consideration cannot be countenanced. He mentioned that the allegation that the proceedings before the Lokpal are vitiated and can be politically motivated cannot be accepted.
He mentioned that the Lokpal will examine the entire matter independently and shall take a decision as to whether an investigation has to be ordered or not which order is always amenable for challenge under Article 226 of the Constitution of India. He also noted that the CBI has submitted a preliminary inquiry and the Lokpal has to take a decision as to whether to proceed further in the case or not.