Supreme Court Adjourns Jharkhand Govt's Plea Against CBI Probe Into Mining Case
Live LawThe Supreme Court today adjourned by two weeks the plea of Jharkhand Government challenging the High Court's order for a CBI investigation into alleged illegal stone mining and attack on protesting villagers and complainant in Sahibganj district The case involves alleged close associates of the incumbent Chief Minister of Jharkhand Hemant Soren. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing the challenge to the Jharkhand High Court which in February dismissed the Government's plea for quashing the FIR registered by the CBI without taking the consent of the State Government to proceed with the investigation. The High Court refused to allow the withdrawal of the petition and passed the following order on August 18, 2023 - " It would be sufficiently served if Director, Central Bureau of Investigation is directed to initiate a preliminary enquiry into the conduct of the accused persons including this petitioner as he has sought to withdraw the writ petition on Vakalatnama filed by a new advocate by obtaining NOC and in view of that the prayer made by the petitioner with regard to enquiry through the Registrar General will also be justified. The Court thus concluded that 'preliminary enquiry shall be conducted in accordance with law' would mean that the CBI can proceed with investigation if it has obtained a material pertaining to commission of cognizable offence and tick marks the test laid down in Lalita Kumari v. Government of Uttar Pradesh and Others.