Today, 10th April,The Jharkhand Mukti Morcha (JMM) filed a petition with the Delhi High Court challenging the Lokpal’s order directing a CBI probe into properties linked to the party. Represented by senior advocates Kapil Sibal and Arunabh Chowdhury, the JMM contests the jurisdiction and legality of the Lokpal’s directive, arguing it issued without notice or opportunity for the party to present its case.
Jharkhand: On Wednesday, the Jharkhand Mukti Morcha (JMM) brought a challenge to the Delhi High Court against an order from the Lokpal directing the CBI to investigate two properties registered under the party’s name.
The senior counsel stated,
“The order is incorrect on its face,”
Justice Subramonium Prasad scheduled a hearing for April 23 to address the matter. Represented by senior advocates Kapil Sibal and Arunabh Chowdhury, the JMM filed the petition against the Lokpal of India’s March 4 directive, which stemmed from a complaint lodged by BJP MP Nishikant Dubey against Rajya Sabha MP Shibu Soren.
The Lokpal, responding to Dubey’s August 5, 2020 complaint, instructed the CBI to investigate alleged benami properties associated with JMM Chief Shibu Soren within six months. Additionally, the Lokpal ordered an investigation into two properties linked to the JMM.
The petition, presented in the high court by advocate Abhishek Roy, argued that the Lokpal’s order was legally flawed and beyond its jurisdiction. It asserted that the order was issued without informing or allowing the JMM to present its case, thus falling outside the scope of the anti-corruption ombudsman’s authority.
In his complaint to the Lokpal, Dubey alleged that Soren and his family members engaged in widespread corruption, accumulating significant wealth, assets, and properties beyond their known and declared sources of income. This purportedly done through unethical and corrupt means, using their own names as well as those of family members, acquaintances, associates, and various companies across districts such as Ranchi, Dhanbad, and Dumka in Jharkhand.
The Lokpal instructed the CBI to provide monthly progress reports on the investigation.
Additionally, the Lokpal noted that two properties are registered under the name of the JMM, a political party founded by Soren, and allegedly purchased through him in 2014.
As stated in the complaint,
“The JMM is overseen and operated by the RPS (respondent public servant, i.e., Shibu Soren) and his family members, who hold significant political influence,”
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The Lokpal noted,
“The party seems to operate essentially as a family enterprise, with RPS and numerous family members occupying key political roles,”. “As the president of the JMM, RPS is directly involved in its decisions and transactions.”
The March order stated,
“In light of the evidence presented, and without making any negative judgments about the JMM as a political entity, which is not within our purview in this case, we believe that an investigation into the role of RPS in procuring these two properties under the name of JMM is warranted,”
The Lokpal emphasized that Soren central to the issues under scrutiny. Given the seriousness of the allegations and the multitude of properties identified in the preliminary inquiry report, the Lokpal stated it neglecting its statutory responsibility not thoroughly investigated the sources of funds used in acquiring these properties.
The complaint alleged that Soren and his son, former Jharkhand chief minister Hemant Soren, made substantial investments in several companies belonging to Amit Agarwal, a close associate, and his family members, as per the order.