New Delhi: In the ongoing Jharkhand mining case against CM Hemant Soren, the Supreme Court on Tuesday directed the Jharkhand HC to consider the issue of the maintainability of the petition first and then proceed in accordance with the law pertaining to the mining lease and shell companies owned by Soren. A vacation bench of Justices DY Chandrachud and Bela M Trivedi noted that the High Court had itself in its order of May 13 said it would first decide the maintainability of the PIL filed by one Shiv Kumar Sharma and then it will go into the merit of the allegations levelled in the petition.
"We are of the view that the High Court would first deal with the preliminary objections on the maintainability of the writ petition and then proceed further in accordance with the law, the bench said. The top court also made it clear that it has not made any observation with regard to the merit of the case and has not dealt with the allegations levelled in the petition.
Also read: Hemant Soren replies to EC notice on the office-of-profit issue
During the hearing, the SC also told ED that irrespective of the outcome of maintainability, it has the authority to conduct an investigation into allegations if it feels the matter requires so. Senior advocate Mukul Rohatgi, appearing for CM Hemant Soren, argued against the submission in a sealed cover. He said that ED is hijacking the case and questioned the urgency to hear the matter on vacation.
The matter pertains to the allotment of the stone mine lease in his favour in the Angara block of Ranchi. The CM had on May 21 replied to the ECI notice in the office of profit matter in which the poll body had sought an explanation from him as to why he should not be disqualified from office. The Jharkhand government has moved the top court against the orders of the high court. (With Agency inputs)
