NEW DELHI: The Delhi High Court on Tuesday dismissed the appeal moved by Jharkhand Mukti Morcha (JMM) supremo Shibu Soren to quash the proceedings initiated by Lokpal against him, in connection with a disproportionate assets case.
Soren was moving the appeal on Monday following the last month's dismissal of his plea challenging the proceedings pending before Lokpal and its earlier orders which were initiated on the basis of a complaint by BJP MP Nishikant Dubey.
"..we find absolutely no reason to interfere with the impugned order, holding that the writ petition filed by the appellant was premature," the division bench of Justice Rekha Palli and Justice Rajnish Bhatnagar upheld the earlier single-bench order.
The bench said prima facie it is not agreeing with the submissions of Senior Advocate Kapil Sibal, representing Soren.
Sibal vehemently urged that except for two properties which as per the CBI are owned by the Jharkhand Mukti Morcha, all other properties are all alleged to have been purchased more than 7 years prior to the date of the complaint.
As per the allegations in the complaint, Soren in his name and in the name of his family members including sons, daughters, daughters-in-law, friends, associates and various companies etc. has acquired several immovable properties including plots of lands (residential, commercial and built up properties) in various districts of Jharkhand such as Ranchi, Dhanbad, Dumka etc.
It was also alleged that Soren and his son Hemant Soren, former Chief Minister of Jharkhand, have invested in various companies owned by one Amit Agarwal and his family members.
Agarwal had constructed a 22 storey building in Salt Lake, Kolkata in which the petitioner and his family members have invested huge amounts of money. It is further alleged that various shell companies have been incorporated for giving donations to the political party Jharkhand Mukti Morcha and the petitioner who is none other than the party's president.
"..In the light of these allegations, we are unable to accept the appellant’s plea that it was a fit case where the respondent no. 1 ought to have at the very first instance rejected the complaint as being barred by limitation.... In this factual matrix, we find no infirmity with the approach adopted by the respondent no.1.", the high court said in the order.
On January 22, Justice Subramonium Prasad termed Soren's petition at this stage is "premature", saying that the court 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.
It is also stated in the complaint that the petitioner has been indulging in corrupt practices for many years and has illegally usurped huge portions of the lands belonging to people of the Santhal tribe at throwaway prices much below the prevailing circle rates.
