SUMAN K SHRIVASTAVA
Ranchi, Sept. 21: The Jharkhand High Court today directed the State police not to take any coercive action against Sahibganj-based businessmen, Ashok Yadav and Mukesh Yadav, in an FIR lodged by hostile ED witness Bijay Hansda at the Dhurva police station.
Both Mukesh and Ashok happen to be the ED witnesses in the 1000 crore illegal mining case.
This order has been given by the High Court on a petition filed by Bijay Hansda against the FIR registered against Yadavs under ST-SC Act.
Hearing a petition filed by them to quash the FIR, a bench of Justice Sanjay Kumar Dwivedi issued notices to the CBI, ED and the Jharkhand government and directed them to file their replies. Advocate Ritu Kumar argued on behalf of the applicants. Now, this matter will be heard on October 17.
Hansda had accused both the ED witnesses of assault and threat in the illegal mining case. In the complaint given to the police station, Hansda has said that Ashok Yadav and Mukesh Yadav beat him up in the Jharkhand High Court premises. Apart from this, while returning to Sahibganj, they also threatened to fight on the way, he has added.
Yadav, engaged in the operation of ferry barrages and stone crushers in Sahibganj, has denied the charges and stated that Hansda while in judicial custody in a case pertaining to Arms Act, had approached him alleging that several persons engaged in illegal mining have implicated him in a false case as he has filed cases against some very influential persons and have also given evidences against them for their illegal mining activities, before the law enforcing authorities.
Thereafter, Yadavs advised Hansda to knock the doors of the High Court of Jharkhand, seeking the transfer of his case to an independent agency.
Subsequently, Hansda filed a case in the high court and prayed that the investigation of the case being ST/SC PS Case No. 6 of 2022 be transferred to the Central Bureau of Investigation.
According to the petition, after sometime when Bijay Hansda came out of jail on bail, he called up Yadav and demanded a considerable sum of money in order to continue the above said writ petition. “He also informed that one of the accused in the case was offering him a very handsome amount to withdraw the petition and subsequently the FIR. The said conversation was also recorded by the petitioner. However, the petitioner later conveyed Hansda that he should refrain from accepting such money at the cost of truth,” Yadav has stated on the petition.
“Coincidently, Yadavs were in the high court premises on August 16, when they saw Hansda along with one Vishnu Yadav, who happens to be one of the accused in the case, They were talking to two persons. The petitioner, knowing Hansda approached him and that is when they came to know that the said persons are officers of the Enforcement Directorate. The officers were having discussion with Hansda relating to some summons of the court and it appeared that they were asking him to appear before some court for evidence. However, Hansda seemed reluctant to listen to the officers of the Enforcement Directorate. They also tried to intervene and told Hansda to listen to the officers but he stepped ahead. Hansda was also supported and backed by one lady who appeared as his wife,” the petition stated.
“A bare perusal of the FIR will show that the no criminality is attracted, and the said FIR has been registered only to harass them,” they added.
