In a noteworthy legal development this week, India’s Delhi High Court declined to get involved in ombudsman proceedings against notable politician Shibu Soren, the former Chief Minister of Jharkhand state, and a Rajya Sabha member. Soren is grappling with corruption charges initiated by a complaint lodged by MP Nishikant Dubery of Bharatiya Janata Party (BJP), India’s ruling party. For further detailed information concerning the court’s refusal, you may view the court’s official documents here.
The crux of Soren’s legal argument invoked Section 20 of the Lokpal and Lokayuktas Act, 2013. He, notably, suggested dismissal of the complaint under Section 53 of the act due to an alleged delay in filing. Consequently, it was the court’s role to consider Section 20 regarding complaints, inquiry, and investigation, along with Section 53, which stipulates a seven-year limitation on entertaining complaints under the regulation. Nonetheless, maintainining the act’s primary objective of combating corruption and the necessity for an autonomous Lokpal, the court decided not to interfere and directed the Lokpal to independently study the complaint’s merit and decide on further action.
As background information, India’s Lokpal, established by the Lokpal and Lokayuktas Act (2013), takes on the role of investigating corruption allegations against public officials in a wider attempt at clean governance. Yet, in spite of India’s commitment to the UN Convention against Corruption, corruption continues to be a pervasive issue throughout the nation. India lands at position 85 out of 180 countries on Transparency International’s 2022 Corruption Perceptions Index with no significant improvements to its score in the past three years.
Mr. Soren, the politician facing charges, holds a prominent place in Jharkhand state politics, being the founding member of the Jharkhand Mukti Morcha (JMM), a regional political party. He has been the Chief Minister of Jharkhand on multiple occasions and also been a Member of Parliament. Advocating for Jharkhand’s statehood, Soren has emerged as an influential figure in the regional political landscape. His son, Hemant Soren, currently serves as the Chief Minister of Jharkhand state.
A worrying trend within Jharkhand is the increasing problematics with corruption. According to a 2019 survey by Transparency International, 74 percent of Jharkhand citizens confirmed they had paid bribes for various services, with every respondent admittedly making numerous payments, either directly or indirectly. Only 13 percent affirmed they had got work done without resorting to bribery.
This case exemplifies the ongoing struggle India faces in combatting corruption, particularly among public officials, and the pivotal role the Lokpal plays in investigating these allegations. With its refusal to interfere in its proceedings, the Delhi High Court has significantly upheld the Lokpal’s independence, reinforcing its key role in India’s fight against corruption.
Further details on this case can be found in the original reporting from JURIST – News.