VIJAY DEO JHA
Ranchi, May 20: The Jharkhand High Court has issued a notice to Ranchi DC Chhavi Ranjan to file a personal affidavit to inform whether he is accused in a criminal case that is pending before the Vigilance Court in Ranchi. The court has further directed him to also furnish details of the status of the case against him.
The notice was issued by the bench of Chief Justice Dr. Ravi Ranjan and Justice Sujit Narayan Prasad on Thursday during the course of the hearing. The order was uploaded on Friday. The matter came during the hearing of the PIL against the stone mining lease issued to Jharkhand chief minister Hemant Soren at Angara in Ranchi. Chhavi Ranjan filed an affidavit on behalf of the state in his capacity as the DC of Ranchi stating that he had issued the mining lease to the chief minister and all rules and regulations were followed. He further said that he is well acquainted with the facts of the mining department.
The court objected that an accused charge-sheeted in a criminal case under the provision of the Prevention of Corruption Act and being prosecuted by the state can’t swear on behalf of the state. The Chief Justice took objection and said that the same can’t be allowed.
A case was lodged at Markacho police station (83/ 2015) which was later on taken over by the Anti- Corruption Bureau which is pending before the Vigilance court. Chhavi Ranjan was the Deputy Commissioner of Koderma when he allegedly cut costly trees from his official residence for personal use.
The court said that it came to know that the Ranchi DC is on bail in this case hence in such a situation whether “a person who is an accused, under certain provisions of Prevention of Corruption Act, though on bail, can be considered to be the competent authority for filing such affidavit on behalf of State of Jharkhand?”
The court has said that the Ranchi DC filed the reply despite him being not a party to this proceeding. The DC in the affidavit also claimed that statements made in the affidavit are true to his knowledge and information.
The court has also asked him to explain how he is having personal knowledge of all those things which have been stated in the affidavit. Besides, it has directed the government to explain why none of the parties of this PIL has sworn the affidavit and why the Ranchi DC has been chosen to swear the affidavit on behalf of the State.
