SC directs Jharkhand HC to decide legality of PIL seeking probe against CM in mining scam
India Today
The Supreme Court has directed the Jharkhand High Court to decide on the maintainability of the PIL seeking an investigation against Chief Minister Hemant Soren in a mining scam case.
The Supreme Court on Tuesday directed the Jharkhand High Court to decide first the maintainability of three PILs, seeking CBI/ED investigation against Jharkhand Chief Minister Hemant Soren concerning the grant of mining lease, allegations of MNREGA funds misappropriation, and transfer of money to shell companies.
The vacation bench of Justices DY Chandrachud and Bela M Trivedi directed the high court to first decide whether the PIL is legally maintainable before proceeding ahead with the case.
The order came after a plea was filed by the Jharkhand government challenging the decision of the high court to accept the documents produced by the Enforcement Directorate in a sealed cover, overruling the state's objections.
"We direct that the issue of the maintainability should be dealt with by the high court on the next date of listing. Based on the outcome of the objections to the maintainability of the proceedings, the HC may then proceed in accordance with the law,” the bench directed while clarifying that it has not dealt with the merits of the allegations.
Senior advocate Kapil Sibal, appearing for the state, submitted that the PIL petitioner is politically motivated and had suppressed that he had filed similar cases before.
"On April 22, the Bench impleaded the Registrar of Companies as a party and this has not been in any application filed by the petitioner. This was done suo motu," Sibal argued while stressing that this was not the way how the parties are impleaded.
At this, Justice Chandrachud said that the question of maintainability was still open. “In its order of May 13, the HC had said that it will go into the question of merits if required. We'll ask the HC to decide on the question of maintainability first,” he said.
