In a significant development concerning the scope of the Lokpal’s powers under the Lokpal and Lokayuktas Act, 2013, the Hon’ble Delhi High Court has issued notice in a writ petition filed by Mr. Ramesh Abhishek, ex IAS and Secretary, Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India, challenging the Lokpal’s direction ordering further investigation after the comments under Section 20(7) of the Lokpal and Lokayuktas Act, 2013 has already been obtained.

The Division Bench comprising Justice Vivek Chaudhary and Justice Renu Bhatnagar issued notice after hearing submissions on behalf of the petitioner and directed the respondents to file their reply. The matter is now listed for hearing on 05 August 2026.

Senior Advocate Mr. Rajiv Kumar Virmani, appearing for the petitioner and Briefed by M/s Karanjawala & Co., Advocates, submitted that the Central Bureau of Investigation (CBI) had already completed its investigation and recommended filing of a closure report before the competent Special Court, concluding that no prosecutable case was made out. The CBI subsequently reiterated the same conclusion in its supplementary investigation report filed before the Ld. Lokpal of India.

It was further submitted that, after considering both investigation reports, the Ld. Lokpal invoked the procedure under Section 20(7) by calling for comments from the petitioner and the competent authority. Upon receipt of those comments, instead of proceeding in accordance with the statutory scheme, the Ld. Lokpal directed the CBI to undertake further investigation.

The petitioner has contended that once the procedure prescribed under Section 20(7) had been invoked, the Ld. Lokpal could not have directed further investigation.

The writ petition raises an important question regarding the extent of the Ld. Lokpal’s jurisdiction after completion of the statutory process contemplated under Section 20(7) and the legality of directing further investigation after considering the comments of the concerned parties.

Advocates appearing for Petitioner: Mr. Rajiv Kumar Virmani, Senior Advocate, Mr. Sandeep Kapur, Senior Partner, Ms. Tahira Karanjawala, Partner, Ms. Niharika Karanjawala, Associate Partner, Mr. Arjun Surjewala, Principal Associate, Ms. Srishti Aggarwal, Senior Associate, Mr. Rahul Agarwal, Associate.

The Lokpal of India, through the Union of India, was represented by Ms. Lavanya Kaushik, Standing Counsel.

The Central Bureau of Investigation (CBI) was represented by Mr. Vikrant Pachnanda, Standing Counsel.