VIJAY DEO JHA
Ranchi, May 24: The Jharkhand Government suffered a setback on Tuesday as the Supreme Court declined to put a stay on the hearing of the PIL by the Jharkhand High Court seeking a CBI investigation in relation to shell companies and Chief Minister Hemant Soren availing of stone mining lease in his name.
A vacation bench of Justices DY Chandrachud and Justice Bela M Trivedi directed the Jharkhand High Court to first decide the maintainability of three PILs related to the grant of mining lease, MNREGA scam in Khunti, and alleged money laundering through shell companies by the CM and his associates.
The Jharkhand government had challenged the Jharkhand High Court relying upon the sealed covered documents submitted by the Enforcement Directorate. The report is said to have hinted powerful persons are indulging in an organized financial crime by misusing their official and political positions.
“We direct the High Court to deal with the question of the maintainability on the next date of listing. Based on the outcome of the objections to the maintainability of the proceedings, the HC may thereafter proceed in accordance with law”, the bench said.
The Supreme Court further clarified that it has not gone into the merits of the allegations and pointed out that the High Court in the order passed on May 13, had clarified that it would hear the preliminary objections to the maintainability of the petition.
“The HC has stated that it would decide the matter of maintainability upfront. It would be in the interest of justice to decide the same we accordingly direct that the issue of maintainability may be decided and thereafter go into merits. The SLP is disposed of. We have no occasion to deal with the merits,” the SC bench said.
About the PIL related to the shell companies, senior Supreme Court lawyer Kapil Sibal claimed that petitioner Shiv Shankar Sharma filed the PIL with a political motive and the fact was suppressed that a similar PIL was rejected by the High Court in the past. He was supported by senior lawyer Mukul Rohatgi who said that Chief Minister Hemant Soren has filed a petition questioning the maintainability of the PIL as the petitioner is doing it with a political motive.
Solicitor General of India Tushar Mehta who appeared on behalf of the ED and CBI said that during the investigation of the MNREGA scam against suspended IAS Pooja Singhal, the ED seized documents and evidence that indicate political higher-ups are involved in the money laundering. He further explained to the court that the ED is investigating MNREGA scam on the basis of FIRs.
