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Synopsis

The Delhi High Court on Tuesday 'reserved order' in Jharkhand Mukti Morcha (JMM) President Shibu Soren's plea challenging a single-judge bench order refusing to interfere in Lokpal proceedings initiated against him in a disproportionate asset case. 

While reserving the judgment, the division bench of Justice Rekha Palli and Justice Rajnish Bhatnagar said that the order will either be uploaded today or at the latest by tomorrow. 

"We will try and give you the order by today only, otherwise, by tomorrow. If it's not uploaded by today evening, tomorrow positively, you'll get it. We will not delay it more than tomorrow... We want to think over it," the bench remarked orally. 

During the hearing, Senior Advocate Kapil Sibal appeared for Soren, and Solicitor General Tushar Mehta appeared for the Lokpal.

The bench also stated that prima facie, it did not agree with Sibal's submissions; however, the final order will be passed after adjudicating the entire facts of the case. "We are only at the point where, whether it is the stage or not," the court said. 

Notably, in January, Justice Subramonium Prasad refused to interfere in the Lokpal proceedings, and remarked orally, "The plea is premature at this stage."

"This Court, therefore, does not want to enter into this realm at this juncture, and it is for the Lokpal to take a decision as to whether there is sufficient material to proceed further for investigation or not in order to subserve the purpose for which the Act has been brought out," Justice Prasad had said.

"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. The writ petition, therefore, is premature in nature," the court had stated.

Justice Prasad had said that the Office of Lokpal is completely independent, and an argument that the Lokpal would be influenced by political consideration cannot be countenanced. "This allegation that the proceedings before the Lokpal are vitiated and can be politically motivated cannot be accepted," he had said.

"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. 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," he had added.

Case Title: Shibu Soren v. Lokpal of India & Anr.