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The petition has been filed challenging Lokpal's notice issued in view of a complaint filed alleging that Soren has been involved in a disproportionate asset case.
The Delhi High Court on Monday issued notice in a plea filed by Jharkhand Mukti Morcha President Shibu Soren against the Lokpal's notice in a disproportionate asset case directing a preliminary inquiry by the Central Bureau of Investigation. The Lokpal's notice has been issued on a complaint filed by Bharatiya Janata Party leader and Member of Lok Sabha Nishikant Dubey.
A bench of Justice Yashwant Varma stayed the impugned notice issued in the disproportionate asset case till the next date of hearing i.e. in December 2022.
The petition filed by Soren through Advocate Vaibhav Tomar alleged that the order has been issued by taking cognizance of a politically motivated, frivolous, and misconceived Complaint. Notice had directed a Preliminary Inquiry to be conducted by CBI under Section 20(1)(a) of the Lokpal & Lokayuktas Act, 2013 in view of a disproportionate asset case.
The plea alleged that the Lokpal of India has acted on a mischievous, false, frivolous and motivated complaint alleging that Soren has "over a period of more than 10 years" amassed huge wealth, properties and assets by adopting unscrupulous and corrupt means in the State of Jharkhand in his own name and in the names of his family members including sons, daughters, daughter-in-law, friends and various companies in various districts of Jharkhand, such as Ranchi, Dhanbad, and Dumka, etc.
Additionally, the plea submitted that the Lokpal of India under the precincts of the Lokpal and Lokayuktas Act, 2013 could not have taken cognizance of the Complaint as the Complaint itself records that the properties listed at 1 and 2 admittedly belong to Jharkhand Mukti Morcha (a registered political party), and none of the properties were acquired within 7 years of the date of the complaint.
Furthermore, it added that the statute bars Lokpal from inquiring or investigating "into any complaint, if the complaint is made after the expiry of a period of 7 years from the date on which the offence mentioned in such complaint is alleged to have been committed".
"No instance of even a single specific purported act of corruption is alleged in the Complaint," the plea added.
It alleged, "The Complaint is devoid of any particulars whatsoever and is a rambling yarn spun by the Respondent No.2 (Dubey), a disgruntled and unsuccessful political opponent of the Petitioner (Soren) and his party which has formed the Government in the State of Jharkhand pursuant to the Assembly elections held in 2019."
Case Title: SHIBU SOREN Vs. LOKPAL OF INDIA & ANR
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