Jharkhand High Court Refuses To Stay Criminal Proceedings Against 3 Suspended Congress MLAs In Cash Seizure Case

The Jharkhand High Court last week refused to stay proceedings against three suspended Congress legislators from Jharkhand (Irfan Ansari, Rajesh Kachchap, and Naman Bixal Kongari) who were arrested by the West Bengal Police in July 2022 after allegedly around ₹49 lakh in cash was seized from their vehicle.

The bench of Justice Sanjay Kumar Dwivedi has allowed the Kolkata Police to continue investigating the case, however, the Court has asked the police not to file a charge sheet in the matter till the next date of the hearing.

The bench has also issued notices to the Jharkhand and Bengal governments in this matter and they have been directed to file their replies by December 1.

It may be noted that this order has been passed on the pleas moved by the suspended Congress legislators challenging the transfer of zero FIR registered against them [from Ranchi to West Bengal] and urged for the quashing of the FIR.

Arguments put forth

Appearing for the State of West Bengal, Senior Counsel Anil Kumar Sinha argued that the FIR in the case has already been registered by West Bengal Police and an investigation is going on and, therefore, the Jharkhand High Court has got no territorial jurisdiction to pass an order on the subject matter of West Bengal Police case and the investigation cannot be stayed.

On the other hand, the counsel for the petitioners argued that a part of the action has taken place in the territory of Jharkhand and though the cash was allegedly seized in West Bengal, a complaint in that regard was made in Jharkhand, pursuant to which a Zero FIR was registered at Argora Police Station in Jharkhand and it was transferred to West Bengal Police.

He further submitted that for the alleged recovery of cash, no separate FIR had been registered by West Bengal Police and the Zero FIR was transferred to West Bengal Police upon which the WB State police is investigating the case. 

The Court's observations

The High Court, at the outset, noted that when the cause of action is shown to have occurred in the State of Jharkhand, then why Zero FIR was required to be registered and the same was transferred to another State?

In this regard, the Court took into account the order of the Calcutta High Court, granting interim bail to the petitioners/suspended congress MLAs, wherein the Calcutta HC had observed that although the allegations are that the petitioners had been arrested with unaccounted cash was in the public domain by the evening of 30.07.2022, this fact was significantly absent in the FIR which was lodged on the next day in Jharkhand.

Further, the Jharkhand High Court also opined that it was required to answer a 'very important' question with regard to the territorial jurisdiction of the Hig Court and therefore, both, Jharkhand and West Bengal governments have been called upon to file their responses in this regard.

Appearances

For the Petitioners: Mr. Indrajit Sinha, Advocate Mr. Rishav Kumar, Advocate

For Respondent No.1: Mr. Sachin Kumar, A.A.G.-II Ms. Surabhi, A.C. to A.A.G.-II

For Respondent No.2: Mr. Anil Kumar Sinha, Sr. Advocate Mr. Amit Kumar Sinha, Advocate Mr. Abhijeet Tushar, Advocate

For Respondent No.3: Mr. Anil Kumar, Addl. Solicitor General of India Mr. Vinod Kumar Sahu, Sr. Panel Advocate

Case title - Rajesh Kacchap and others v. State of Jharkhand and others

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