jharkhand-mining-scam-hc-lifts-ban-on-cbi-probe-rejects-state-govt-s-petition

The Jharkhand High Court on Friday rejected the State government's petition challenging the filing of FIR by the CBI in the case of illegal mining at Nimbu Pahar area in Sahebganj district without the consent of the State government and without the order of the High Court.

 

The High court also lifted the ban on investigation by CBI in the case.

 

The court of Justice Sujit Narayan Prasad pronounced the verdict. Earlier, after hearing arguments of both the parties, the court had reserved its decision in the case.

 

During the hearing the court was told earlier that the order of the High Court was only to register a preliminary investigation (PE), but without the permission of the State government, CBI registered an FIR, which is wrong.

 

If CBI had found anything in PE then permission of the State government should have been taken. Senior Supreme Court advocate Kapil Sibal had presented the case virtually on behalf of the state government, while Advocate General Rajeev Ranjan, Advocate Manoj Kumar and Advocate Piyush Chitresh had supported Kapil Sibal in the hearing.

 

On behalf of CBI, senior advocate Anil Kumar had said that the order of the High Court was that if some criminal incidents are found in the PE, then CBI can take further action by taking a decision as per law.

 

In view of the criminal involvement in the PE and the order of the High Court, the CBI Director ordered the registration of an FIR in the case. The CBI does not need permission of the State Government to register an FIR, after the PE and the High Court order was quite specific regarding further action.

 

Notably, one Vijay Hansda had earlier requested the High Court to conduct a CBI investigation into the complaint made by former CM Hemant Soren’s representative Pankaj Mishra and others regarding illegal mining at Nimbu Pahar, but later Hansda withdrew his petition.

 

But, the High Court did not accept his request for withdrawal of the case and asked under whose pressure he requested to withdraw the petition and ordered the CBI to conduct a preliminary investigation as to what is the actual situation of illegal mining in Nimbu Pahar.

 

On the basis of the facts found in its preliminary investigation, the CBI requested the High Court to pass a revised order in the illegal mining case in Sahibganj, but the High Court rejected the request of CBI to register an FIR.

 

Even after this, CBI had registered case number RC 024 2023 S 001 dated 20 December 2023 regarding illegal mining at Nimbu Pahar without the permission of the High Court and the consent of the state government.

 

The state government had challenged the FIR registered by the CBI in the case, terming it as not legal and saying that the CBI has registered the FIR without the consent of the government and without the permission of the High Court.

 

Notably, the Nimbu Pahar illegal mining case is part of Rs 12,000 crore mining scam in Jharkhand the Enforcement Directorate is investigating. It allegedly involves former Chief Minister Hemant Soren and several high profile officers and leaders of Jharkhand.