NEW DELHI: The Supreme Court has permitted the investigation to proceed in a case of illegal mining in Sahibganj district of Jharkhand. However, it has restrained the CBI from filing a charge sheet in the matter until the next date of hearing.
A bench comprising justices Sanjiv Khanna and Dipankar Datta has sought a response from the CBI regarding a plea by the Jharkhand government challenging the February 23 decision of the high court. This decision had rejected the state’s plea against the probe by the central agency. The bench ordered, “Issue notice returnable in the week commencing July 8.” It further directed, “Investigation can continue, but the charge sheet/final report will not be filed by the CBI till the next date of hearing.”
The bench took note of the submission made by senior advocates Kapil Sibal and Arunabh Chowdhury, representing Jharkhand, that the high court had only ordered a preliminary inquiry by the CBI on August 18 last year.
The state government stated that the investigation in the case registered by the police was never transferred to the CBI, and a closure report has been filed in the matter.
Through advocate Jayant Gupta, the Jharkhand government filed an appeal asserting that the high court had dismissed the state’s petition based on the previous direction for a preliminary inquiry by the CBI.
The appeal contended, “The high court overlooked a clear bar provided under section 6 of DSPE Act whereby any matter falling within the purview of the state government in this case… could have been investigated upon by the CBI only after having taken consent from the state government and in the absence of such consent the registration of FIR itself was illegal.”