Lokpal Backs BJP’s Nishikant Dubey: Justice Khanwilkar Permits Legal Action on Complainant

(By Syed Ali Taher Abedi)

In a significant 134-page ruling, the Lokpal of India, led by Chairperson and former Supreme Court Justice A.M. Khanwilkar, has dismissed a complaint of disproportionate assets against Bharatiya Janata Party (BJP) Member of Parliament Nishikant Dubey.

The bench characterized the allegations brought by activist and former IPS officer Amitabh Thakur as “frivolous, vexatious, and devoid of merit.” Beyond the dismissal, the anti-corruption ombudsman has granted the Godda MP the liberty to initiate legal proceedings against the complainant for reputational damage and breach of privacy.

Key Judicial Findings

The Lokpal’s order highlights several procedural and substantive failures in the complaint:

• Jurisdictional Overreach: The Bench noted that the complainant primarily targeted the assets of Mrs. Anamika Gautam (the MP’s spouse). Under the Lokpal and Lokayuktas Act, 2013, the ombudsman’s jurisdiction is confined to “Public Servants.” The order observed that since there was no evidence of the MP’s involvement in the alleged wealth accumulation, the complaint was fundamentally misplaced.
• Market Escalation vs. Illegal Acquisition: While the complainant alleged that the spouse’s assets increased “by leaps and bounds” between 2009 and 2024, the Lokpal accepted the respondent’s defense. It ruled that the increase was attributable to the escalation in market value of long-held properties rather than the acquisition of new, unexplained assets.
• Breach of Confidentiality: Justice Khanwilkar pulled up Amitabh Thakur for violating the “sanctity of the proceedings” by publicizing the contents of the complaint on social media before the Lokpal had reached a conclusion. The Bench remarked that such actions suggested a personal or political animus rather than a genuine fight against corruption.

Procedural Friction & “Monetary Support”

The proceedings were also marked by a unique exchange regarding the complainant’s attendance:

• Request for Compensation: Last year, Amitabh Thakur requested “appropriate monetary compensation” from the Lokpal to cover his travel and attendance costs, arguing that as an “informant assisting the Bench,” such a request was reasonable.
• Virtual Hearing Denied: Thakur suggested that if compensation were unavailable, the hearing should be conducted online. The Lokpal rejected these requests, maintaining the standard protocol of the institution and eventually proceeding to rule on the merits of the case in his absence or via his legal counsel.

The “Judicial Sting”

The order concludes with a stern warning against the misuse of anti-corruption machinery. By discharging the show-cause notice against Thakur but specifically granting liberty to Nishikant Dubey to seek redressal in a civil court or through the Lok Sabha, the Lokpal has paved the way for a counter-suit.

“The complainant has failed to make out any case to persuade us to proceed… the allegations are frivolous and include an indulgence in whataboutery.” — Extract from the 134-page Lokpal Order.