Delhi High Court Delivers Scathing Critique, Quashes Lokpal Proceedings Against Defence Secretary

In a significant ruling that underscores the critical importance of due process, the Delhi High Court has put a stop to proceedings initiated by the Lokpal against Defence Secretary Rajesh Kumar Singh and his wife, Nutan Singh. The court didn't mince words, observing that the Lokpal had failed to apply its mind properly and initiated the corruption probe without adhering to crucial legal requirements, effectively calling it an "abuse of the process of law."

It all began with allegations of corruption and holding assets disproportionate to their known sources of income, prompting the Lokpal – India's anti-corruption ombudsman – to act. However, the path taken by the Lokpal in pursuing these allegations against such a high-ranking official came under intense judicial scrutiny, and ultimately, proved to be their undoing.

The core of the issue, you see, revolved around the Lokpal Act of 2013, specifically Section 20(3). This particular section mandates that before Lokpal can formally initiate proceedings, there must be a prior, comprehensive 'full-fledged inquiry report'. This isn't just a minor technicality; it’s a safeguard designed to ensure that serious investigations are grounded in solid evidence and thorough groundwork, not just preliminary whispers or unverified claims.

What transpired in this case, according to the High Court, was quite different. A preliminary inquiry had actually been conducted, and its findings were rather telling: it indicated that there was "no substantial evidence" or "no specific allegations" that could truly hold water. Yet, despite this initial assessment, the Lokpal proceeded to initiate a full-blown investigation, seemingly relying on what was termed a 'source report' rather than the substantive findings of their own preliminary inquiry. This, the court felt, was a serious misstep.

In a rather scathing observation, the bench, comprising Justices Suresh Kumar Kait and Manoj Jain, highlighted that the Lokpal's actions were, frankly, an "abuse of the process of law." They elaborated that the Lokpal had not adequately considered the preliminary inquiry report – a report that, in essence, suggested there wasn't enough immediate cause for alarm. This oversight, the judges concluded, meant that the Lokpal's decision to proceed was not based on a proper application of mind as required by law.

So, what does this all mean for the Defence Secretary and his wife? Well, the Lokpal's proceedings against them have been entirely set aside. It’s a clean slate for now, at least regarding these specific proceedings. However, and this is an important distinction, the court did not bar the Lokpal from taking further action. They are, crucially, at liberty to proceed afresh, but only if they do so strictly "in accordance with law." This means going back to square one, ensuring a proper application of mind, and securing that 'full-fledged inquiry report' before initiating any new proceedings.

Ultimately, this judgment from the Delhi High Court serves as a potent reminder that even bodies established to combat corruption, like the Lokpal, must operate within the strict confines of legal procedure. Upholding the rule of law means ensuring that power is exercised judiciously, thoroughly, and always with due regard for established legal safeguards.