VIJAY DEO JHA
Ranchi, Nov 26: As the probe into the illegal stone mining case reaches a crucial stage, the Enforcement Directorate (ED) has become watchful fearing the Sahibganj district police was frustrating its probe by weakening those police FIRs which the ED has taken up for investigation.
The fate of the money laundering investigation of a case largely depends upon the predicate offence. The rule says if there is no scheduled/predicate offence, the PMLA case cannot continue.
Sources said that the agency is particularly alert about cases where Pankaj Mishra — the MLA representative of Jharkhand Chief Minister Hemant Soren — is an accused. The ED amalgamated five important cases in the instant ECIR related to the illegal mining. There is one more important case where the FIR has still not been lodged despite the lower court’s order.
Well placed sources said that currently there are at least two such cases where the FIR was either not taken so far or the case was closed as untrue.
Sahibganj police gives clean chit to Pankaj Mishra in Barharwa toll case
The illegal stone mining investigation started after the ED took up the FIR no. 85/2020 lodged by a businessman Sambhu Nandan Prasad at Barharwa police Station in Sahibganj district on June 22, 2020. The FIR lodged under section 147/149/341/342/323/379/120B/504/506 of IPC against Pankaj Mishra, state minister Alamgir Alam and others. The complainant alleged that he was threatened by Pankaj Mishra and the minister over phone not to participate in the tender for Barharwa Toll. On refusal he was attacked by a mob, at the behest of Pankaj Mishra. Months before the ED took up this case; the Sahibganj police filed the chargesheet and gave a clean chit to Pankaj Mishra as well as the minister despite digital and other evidence. However, the complainant said that he came to know about the clean chit much later and police kept him in the dark hence he could not take recourse to the available legal remedies.
During the investigation, the ED inquired from Sahibganj police to explain the ground on which Pankaj Mishra was given a clean chit. The voice sample of Pankaj Mishra was not taken to match whether or not the voice of the audio belonged to Pankaj Mishra.
Sahibganj police files closure report in SC/ST case against Pankaj Mishra
In the Barharwa case the ED merged four other cases in the ECIR of illegal stone mining. One such case 146/21 was lodged by one Ramesh Paswan against Pankaj Mishra, Sahibganj DMO Bibhuti Kumar and others under sections of the SC, ST Prevention of Atrocities Act. The Sahibganj police submitted a final report and termed the FIR as false. Three witnesses have already recorded their statement. Now, the complainant has filed a protest petition against the closure report.
There is another case 63/21 lodged against Dahu Yadav, Bacchu Yadav and others under section 307,147,148, 149,504, 506, 447 of IPC and section 27 of the Arms Act. Investigation in this case is going on. Both Dahu Yadav and Bacchu Yadav are the suspects of illegal mining. In the third and the fourth case 28/22 and 29/22 respectively, a part chargesheet has been filed.
No FIR lodged in Nimbu Pahad illegal mining despite court’s order
One Vijay Hansda of Bhavani Chowki had lodged an online complaint against Pankaj Mishra and others for carrying illegal mining at Nimbu Hills. When the Sahibganj police refused to lodge his complaint he approached the local Sahibganj court. The court on July 7, directed the concerned police station to lodge the FIR. But more than four months later, the complaint has not been lodged. Notably, Vijay Hansda is a witness of the ED in the illegal mining case. This case is also under the scanner of the ED. But since no FIR has been lodged by police so far, the ED can’t take up this case. Vijay Hansda was arrested recently in a criminal case.
