New Delhi: The Supreme Court on Friday stayed the Jharkhand High Court order directing a CBI probe into alleged illegal coal mining involving senior police and government officials of the state.
A bench of Justices B R Gavai and K V Viswanathan sought the response of one Arup Chatterjee, who moved the high court seeking a CBI probe into the allegations of coal mining in the state, especially Dhanbad district.
"Issue notice, returnable in four weeks. Until further orders, there shall be stay of impugned order passed by the high court," the bench ordered. The top court order came on an appeal filed by the Jharkhand government against the October 3 order of the high court.
Senior advocate Kapil Sibal, appearing for the state government, assailed the high court order saying it was passed on a petition filed by a person, who himself is accused in multiple cases.
He questioned the pace at which the CBI has acted upon the high court’s order and sought information about cases of illegal mining and transportation of coal registered in different police stations. Sibal pointed out that Jharkhand has withdrawn its general consent granted to CBI to probe cases in its jurisdiction.
After hearing the arguments, the bench stayed the order of the high court. On October 3, the high court, in a hard-hitting order, made critical comments on the inaction of police in registering the case, which discloses cognisable offence. It was noted that allegations were made against senior police officials of the state with regard to the illegal mining in the district of Dhanbad.
"In view of the above, the CBI is directed to register the case of preliminary inquiry with regard to the complaint of the present writ petition and the complaint is also made by way of annexure-2 to the CBI and the Enforcement Directorate (ED) and after preliminary inquiry, the Director, Central Bureau of Investigation (CBI) if comes to a conclusion that the case of investigation is made out. He is free to register the FIR and investigate the same in accordance with law," the bench directed.
The high court had said that in normal circumstances, the investigation of the criminal case cannot be ordered in the writ jurisdiction but where there special facts and circumstances are involved, then certainly it has jurisdiction to rectify such mistake under Article 226 of the Constitution of India by judicial review.
"When there is a prima facie cognizable offence committed by the police officials, not registering the FIR is nothing but to shield the commission of the offence committed by the higher officials," it had said.
Chatterjee, who claims to be a Jharkhand-based journalist, in his plea before the high court, has alleged that several police and government officials were involved in illegal coal mining from closed or non-operational mines in and around Dhanbad.
