SC seeks maintainability of PIL against Soren
■ PIL seeks probe against J’khand CM for questionable grant of mining lease to self
The Supreme Court, on Tuesday, asked the Jharkhand high court to first decide the maintainability of a public interest plea seeking probe against state chief minister Hemant Soren for alleged questionable grant of mining lease to himself and to some shell companies operated by his family members and associates.
Noting that the Jharkhand high court is already seized of the matter, a vacation bench comprising Justice D.Y. Chandrachud and Justice Bela M. Trivedi said, “We are of the considered 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 law.”
The top court further said that based on the outcome of the maintainability of the public interest plea, the high court may thereafter proceed in accordance with law.
The mining lease was allegedly granted to the chief minister and some shell companies operated by his family members and associates.
Questioning the credentials of PIL petitioner Shiv Shankar Sharma before the Jharkhand high court seeking a CBI probe into the allocation of mining lease by Mr Soren, senior advocate Kapil Sibal appearing for the Jharkhand government referred to a top court judgment which has said that the court cannot transfer the matter to CBI unless there is an FIR, and in the instant case there is no FIR.
Solicitor general Tushar Mehta told the court that the money trail has been found and it is a very serious offence. He said that there are several facts which have been suppressed.
As the solicitor general expressed apprehension about the evidence being destroyed, Mr Sibal, in a retort, said that his apprehension is that the evidence is being created.
Earlier, before the high court, the Directorate of Enforcement had said that in the course of its investigation under the Prevention of Money Laundering Act (PMLA), it emerged that Pooja Singhal, the secretary of mining department, had a role in the allocation of the mining lease to chief minister Hemant Soren.
The Directorate of Enforcement has also informed the court that its investigation reveals some companies which operate beyond Jharkhand.
The Jharkhand high court is seized of petitions relating to shell companies, the mining lease of Mr Soren, and the MGNREGA scam.
A VACATION bench comprising Justice D.Y. Chandrachud and Justice Bela M. Trivedi said, “We are of the considered 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 law.”