LAGATAR24 NETWORK
Ranchi, Oct 7: The Delhi High Court has issued a notice to Rajya Sabha MP and JMM patriarch Shibu Soren on a petition filed by BJP’s Godda MP Nishikant Dubey in a disproportionate assets case. The High Court fixed November 10 to hear the matter and directed Shibu Soren to file his replies.
“I had filed a complaint against Shibu Soren before the Lokpal for amassing huge properties in his name as well as his family members and others. I demanded a CBI probe. Shibu Soren approached the Delhi High court to challenge the proceedings of the Lokpal,” said Dubey.
He said that Shibu Soren lied before the court that he sent him and the Lokpal an advance notice. “As he misled the court, the Delhi High Court gave an ex parte decision and stopped proceedings of the Lokpal as we remained unrepresented. I filed a review petition against the order of the court which has been accepted,” he said.
The court of Justice Yashwant Varma of the Delhi High court on September 12 had passed the stay order following objections raised by Shibu Soren through a Criminal Writ Petition.
Dubey, in the review petition, accused Shibu Soren of misleading the court. He accused Shibu Soren of suppressing the facts to secure relief that respondents namely Lokpal and Nishikant Dubey were sent an advance notice. The day when the Delhi High Court passed the order, Nishikant Dubey and Lokpal remained unrepresented before the court.
The BJP MP has stated that he was not given any advance notice by Shibu Soren ahead of the hearing. He came to know about the court judgment through the media reports. He said that Shibu Soren misled the court by stating that he had given advance notice to him.
The High Court in its order mentioned that although the Lokpal (first respondent) and Nishikant Dubey (second respondent) are stated to have been given an advance notice, but none appeared on their behalf when the matter was called.
Shibu Soren challenged the investigation and inquiry of his properties under terms of the provisions of the Lokpal and Lokayuktas Act, 2013.
The CBI in its preliminary inquiry submitted a list of 82 such properties raised in the name of Shibu Soren, family members, and others. Senior Supreme Court advocate Kapil Sibal who represented Shibu Soren said that Section 53 of the Act debars the authority from taking further steps for investigation or inquiry on a complaint that may come to be laid in respect of acts committed seven years prior to the filing of that complaint. It was further pointed out that barring two instances, all other allegations against Shibu Soren fall foul of the injunct placed by Section 53.
On this Nishikant Dubey has stated that the list of enclosures submitted along with the preliminary report clearly mentions the list of properties acquired by Shibu Soren and his family members. He said that in the said list, two properties which are in the name of Basant Soren are shown to be acquired on 22nd October 2013 and 15th June 2020. Hence, even otherwise, “the said properties fall under the period of 7 years from the date of the complaint, as provided under Section 53 of the Lokpal and Lokayuktas Act, 2013. Therefore, it is a completely false submission on the part of the petitioner that none of the properties shown in the list falls foul of the injunct placed by Section 53 of the Act,” the petition reads.
It further states that four to five properties were clearly acquired within the period contemplated under section 53 of the Lokpal and Lokayukta Act, 2013 and therefore the injunction placed by section 53 doesn’t apply in this case.
Dubey has further pointed out that the inquiry as well as the proceedings initiated against Shibu Soren is at a very nascent stage and therefore, a stay on these proceedings at this stage will lead to final relief to the petitioner. He has further stated that Shibu Soren tried to mislead the court by referring to PIL 4290/21 that a matter of similar nature is pending before the court whereas the said proceedings have no bearing whatsoever in the facts and circumstances of the instant case.
