VIJAY DEO JHA
Ranchi, Jan 16: The Jharkhand government faced a jolt at the Supreme Court regarding the writ petition challenging the authority of the Enforcement Directorate (ED) to question the police officials in the Barharwa toll tender case.
The bench of Justice Sanjiv Khanna and Justice M. M. Sundresh refused to hear the criminal writ petition 533/2022 filed by the state of Jharkhand.
The Supreme Court asked the state government to approach the Jharkhand High Court to seek the remedy instead of approaching the Supreme Court. The apex court also asked why the Jharkhand government filed the petition in this matter.
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The ED is investigating the illegal stone mining and transportation scam worth Rs. 1000 Crore. The probe originated on the basis of the ED taking over the investigation of the Barharwa toll tender case. The FIR was lodged by businessman Shambhu Nandan in June 2020 after he was assaulted for participating in the auction for the toll plaza. He alleged that he was attacked on the instruction of Jharkhand Chief Minister Hemant Soren’s MLA representative Pankaj Mishra and minister Alamgir Alam.
The ED earlier questioned Jharkhand police ASI Sarfuddin Khan who was the investigating officer of this case. But when the ED summoned the then Barharwa DSP Pramod Mishra, the state government challenged the jurisdiction of the ED.
In another development, the apex court has stayed the Jharkhand high court order to implead the ED as a party to probe the Barharwa toll tax case filed by Shambhu nandan Kumar, who had demanded a CBI inquiry into the case alleging an unfair investigation by the police.
In this case, the apex court directed the ED to file the reply by March. The ED had filed a caveat in this matter.
During a previous hearing of this case, the bench of Justice Sanjay Dwivedi of Jharkhand High Court had directed the ED to file a reply in this matter. The ED filed a detailed affidavit explaining its findings of the Barharwa toll case. Besides, it also informed the High Court of the way Pankaj Mishra, DSP Pramod Mishra and others allegedly thwarted the entire investigation.
