The Supreme Court on Friday adjourned the petition filed by the Jharkhand Government's plea assailing the High Court's order accepting the maintainability of a PIL seeking independent probe against Chief Minister Hemant Soren for alleged money laundering through shell companies.
A vacation bench comprising Justices JK Maheshwari and Hima Kohli adjourned the case on the request of Senior Advocate Mukul Rohatgi, representing the State, and directed it to be listed before the appropriate bench after vacation.
During the hearing, Senior Advocate Mukul Rohatgi argued that the High Court has mixed up different matters. He submitted that the respondent writ petitioner had filed several cases which are all politically motivated against the State and the CM.
He further clarified that he is not questioning the case regarding MNREGA scam where the Secretary, Mines was arrested recently.
He added that the High Court went ahead without ascertaining the credentials of petitioner, who has only stated that he's a businessman. He argued that there are rules for PIL where it is mandatory to determine credentials of the petitioner, and those rules have been violated.
"After deciding main matter you can raise this point. Now, let High court decide. We can keep it open, you can come later," the bench observed.
Referring to Supreme Court's earlier order where it had directed the Jharkhand High Court to decide first the maintainability of three PILs filed before it, Mr Rohatgi submitted that, "I'm entitled for it to be examined. Let it go to the same bench. The bench had made its clear that the High Court should decide this first"
The State has assailed the Jharkhand High Court's order dated June 3 wherein the bench of Chief Justice Dr R. Ranjan and Justice Sujit Narayan Prasad ruled that the PIL(s) were maintainable. The bench in their order had said, "This Court, in view of the discussions made hereinabove, is of the considered view that the issue of approaching this Court without exhausting the remedy available under Section 154, 154(3) and 156(3) of the Code or Criminal Procedure is not available in facts and circumstances of the present case reason being that in this case direction has been sought for investigation of siphoning of public money through independent agency, like CBI, ED and Income Tax Department and such orders cannot be passed under the aforesaid provisions. In view thereof the issue pertaining to approaching this Court without exhausting the remedy available under the Code of Criminal Procedure is not worth to be considered. Accordingly, rejected."
It may be noted that the Supreme Court on May 23 had directed the Jharkhand High Court to decide first the maintainability of three PILs seeking CBI/ED investigation against Jharkhand Chief Minister Hemant Soren in relation to grant of mining lease, allegations of MNREGA scam and transfer of money into shell companies.
A vacation bench of Justices DY Chandrachud and Bela M Trivedi had passed the order on the plea preferred by the State of Jharkhand challenging the decision of the High Court to accept the documents produced by the Enforcement Directorate in sealed cover overruling the State's objections.
"We direct that the issue as to maintainability should be dealt with by the HC on the next date of listing. Based on the outcome of the objections to the maintainability of the proceedings, the HC may thereafter proceed in acc with law", the bench had directed.
Case Title: State of Jharkhand v. Shiv Shankar Sharma| SLP(C) 10622 of 2022
