"We Are Not Concerned With Further Developments, We Will Consider Whether Appeal Will Lie To DB Against SB Order?" SC On WB Coal Scam Probe
On the CBI's request, the Supreme Court on Monday adjourned to March 10 the hearing on the challenge to the order of the Calcutta High Court whereby it allowed CBI to investigate a case pertaining to illegal mining and transportation of coal through Railways in West Bengal, without the State's consent.Appearing before the bench of Justices DY Chandrachud and MR Shah, SG Tushar Mehta had sought...
On the CBI's request, the Supreme Court on Monday adjourned to March 10 the hearing on the challenge to the order of the Calcutta High Court whereby it allowed CBI to investigate a case pertaining to illegal mining and transportation of coal through Railways in West Bengal, without the State's consent.
The Supreme Court had in 2017 in Ram Kishan Fauji's case held that an intra-court appeal cannot be filed before a division bench of the high court if a single judge has passed the order in a criminal case. "The contention that solely because a writ petition is filed to quash an investigation it would have room for intra-court appeal, and if a petition is filed under inherent jurisdiction under Section 482 CrPC, there would be no space for an intra-court appeal, would create an anomalous, unacceptable and inconceivable situation. The provision contained in the Letters Patent does not allow or permit such an interpretation," a bench comprising Justices Dipak Misra, A M Khanwilkar and M M Shantanagoudar had said.
Justices Chandrachud and Shah had also issued notice to the Union of India and Superintendent of Police Anti- Corruption Branch along with CBI. The court however denied to grant interim protection from coercive steps to the petitioner.
Background
The case pertains to illegal mining and transportation of coal through Railways in connivance with officers of the Eastern Coalfield Limited, Railways, C.I.S.F. and some other private persons including the writ petitioner (Anup Majee).
A FIR was registered in the matter by CBI for offences of criminal conspiracy, criminal breach of trust by public servants and criminal misconduct by public servants by dishonestly or fraudulently misappropriating the property entrusted to them or any property under their control as public servants or allowing other persons to do so.
The Petitioner had impugned the FIR before a Single Bench of the Calcutta High Court which held that authority of the CBI to investigate into the allegations in a particular case within Railway areas remains unfettered by the withdrawal of consent by the State Government.
In an appeal preferred by CBI, a Division Bench of the High Court stayed the Single Judge's order and allowed CBI to investigate the case without any hindrance. It observed,
"Proper investigation cannot be carried out if the investigation in such cases is divided into parts, drawing lines on territories once the premier central agency is in the process of investigation."
In case during the pendency of the present appeals, the investigation being carried out by the CBI is hampered, the process of investigation at this stage will certainly be prejudiced, which will not be in the interest of justice as any delay in the process may be fatal…"