Lokpal of India, while dismissing the case against former SEBI chairperson Madhabi Puri Buch in the Hindenburg matter, has come down heavily on the complainants that includes Trinamool Congress' Mahua Moitra for making “flimsy or fragile” allegations.
More importantly, the anti-corruption ombudsman has said that it has powers under the Lokpal and Lokayuktas Act, 2013 to take action against the complainants. Apart from Moitra, there are two other complainants including one Amitabh Thakur, National President, Azad Adhikar Sena.
“The Complainant(s) by making such unverified and flimsy or fragile allegations, only to sensationalize or so to say politicize the matter, has inevitably trivialised the process before the Lokpal. It is nothing short of vexatious proceedings actionable under Section 46 of the Act of 2013. We say no more,” stated the Lokpal order.
Section 46 deals with “Prosecution for false complaint and payment of compensation, etc., to public servant”.
“Notwithstanding anything contained in this Act, whoever makes any false and frivolous or vexatious complaint under this Act shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine which may extend to one lakh rupees,” states Section 46 (1) of the Lokpal and Lokayuktas Act, 2013.
On a different note, the ombudsman also said that Buch can file a complaint against the complainants under the Income Tax for allegedly obtaining copies of her income tax returns and making it public.
“At the outset, (Buch) is right in appealing to us to proceed against the Complainant in the third Complaint in particular and against the other Complainant(s), for an action under the Income Tax Act for surreptitiously obtaining copies of her Income Tax returns and also aggravating the matter by making it public, invading her privacy,” stated the order.
“However, in the present proceedings we cannot pronounce upon this prayer, but would give liberty to (Buch) to purse her remedy before appropriate forum. We have no manner of doubt that the same will be decided in accordance with the law,” added the order.
Incidentally, the order by the Lokpal has highlighted on numerous counts that the complaints were malicious, frivolous and only based on presumptions and assumptions.
"This plea of the Complainant(s) seems to us as being malicious and frivolous," stated the order.
There were main five allegations against Buch and the Lokpal did not find merit in any of the allegations, whatsoever.
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