VIJAY DEO JHA
Ranchi, July 12: The Court of Justice Sanjay Kumar Dwivedi has issued a notice to Congress minister Alamgir Alam and Chief Minister Hemant Soren’s MLA representative Pankaj Mishra in a criminal writ petition filed by Shambhu Nandan Kumar.
Besides, the CBI and the state government also have been asked to file the reply. The Criminal Writ petition 156/2020 has been posted for hearing after four weeks.
The Enforcement Directorate is investigating a tender scam case based on the FIR lodged by Pakur-based businessman Shambhu Nandan Prasad at Barharwa Police station in June 2020 in Sahibganj district. He had named the minister and Pankaj Mishra among the accused of the case. Shambhu Nandan Kumar had demanded security for himself besides the CBI inquiry into his complaint.
The court directed the CBI and the state government to file a reply in response to the petition. It has directed the Sahibganj SP to ensure security of the petitioner else he will be held liable if anything goes wrong with the petitioner.
“The petitioner fears about his security and he approached the respective district administration and police on many occasions to get security. But he was not given any security. In this context the court has directed the Sahibganj police to ensure his security else the SP will be held liable. Referring to the Mahendra Chawla case, the court has said that the police are bound to give protection to a witness,” said senior High court lawyer Abhay Kumar Mishra who appeared on behalf of the petitioner.
Mishra said that Alamgir Alam and Pankaj Mishra as respondents number eight and nine respectively have been given a notice. It is alleged that the petitioner was threatened by the minister and Pankaj Mishra with dire consequences if he dared to participate in the toll tax auction. The minister wanted the auction for his brother.
“Threatening was given over the phone. The petitioner was also assaulted as he declined to withdraw from the auction. The petitioner fears for his life. Due to this reason the court issued notice to both of them. Now the ED is also said to be investigating that case he has become further vulnerable. The CBI too has been asked to file a reply,” the lawyer said.
He said that the state police did not investigate the case properly. “The police claim that both the respondents were not present at the crime scene where the petitioner was assaulted. Here the case is different. They threatened the petitioner over the phone. The police did not take their voice sample to match the voice,” said the lawyer.
On June 20, 2020 an auction took place for collection of toll tax on Barharwa road. It is alleged that Alamgir Alam wanted the auction in favour of IA Ingicons Pvt Limited, a company owned by his brother. He even called Shambhu Nandan Kumar not to participate in the auction. Later on, Pankaj Mishra allegedly made a call to Shambhu Nandan Kumar from the mobile phone of the minister and threatened him with dire consequences if he did not fall in line.
But as he refused to withdraw and somehow participated in the auction he was assaulted. Shambhu Nandan Kumar lodged an FIR at Barharwa police station on June 21 against Alamgir Alam, Pankaj Mishra and others under sections 147 (rioting), 149 (member of the unlawful assembly), 341 (wrongful restraint), 342 (wrongful confinement), 323 (voluntarily causing hurt), 379 (to commit theft), 120 B (criminal conspiracy), 504 (Intentional insult) and 506 (criminal intimidation) of the IPC.