RAJ KUMAR
Ranchi, Jan.19: The Jharkhand government today filed a petition in the Jharkhand High Court challenging the ED’s action of issuing summons to DSP Pramod Mishra and police investigating officer Sarfuddin Khan in the Barharwa toll plaza tender case of Sahibganj.
Advocate General Rajiv Ranjan confirmed the development saying that the legal ‘step has been taken in the light of the Supreme Court’s guidelines.’
In the petition, it has been said on behalf of the Jharkhand government that the ED does not have the right to summon Mishra and Khan as the law and order is a state subject.
The state government through its petition submitted that a case (85/2020) has been registered under IPC section at Barharwa police station and the ED is forcefully interfering in it. The ED’s interference in the work of state police is not legal, so the summons issued by ED against these police officers should be cancelled, the petition demands.
Earlier, the Jharkhand government had filed a similar petition before the Supreme Court but the apex court did not entertain this petition observing that the state government may go to the high court. As the apex court did not entertain the case, the state government withdrew the petition and the apex court dismissed the case as it was withdrawn.
The matter arose after Shambhu Nandan Kumar lodged an FIR in the toll plaza tender dispute at Barharwa police station in Sahibganj. In this case, Pankaj Mishra and state minister Alamgir Alam were accused of threatening Kumar of dire consequences in case of his participation in the tendering process.
When the matter came into the knowledge of the ED probing money laundering it summoned the accused name in the FIR for questioning. As the matter came into the knowledge of the state government it challenged the authority of ED in the Supreme Court. As the development came into the knowledge of the lower court, it stayed the trial in the case.
