In a significant turn of events, the Supreme Court on Friday issued a stay on a Jharkhand High Court directive that had ordered a CBI investigation into purported illegal coal mining activities in Jharkhand, notably in the Dhanbad district. The order had implicated senior police and state government officials.
The stay was granted by a bench consisting of Justices B R Gavai and K V Viswanathan, following an appeal by the Jharkhand government against the High Court’s decision made on October 3. The apex court also issued a notice to Arup Chatterjee, the petitioner in the High Court, who is alleged to have instigated the probe.
Senior advocate Kapil Sibal, representing the state government, challenged the High Court’s decision, pointing out that it was based on a petition by Chatterjee, who is reportedly accused in multiple criminal cases. Sibal raised concerns about the rapid response of the CBI to the High Court’s mandate and requested details on cases related to illegal mining and coal transportation recorded at various police stations.
Highlighting a significant procedural change, Sibal noted that Jharkhand has revoked its general consent for the CBI to conduct investigations within its jurisdiction, which adds a layer of complexity to the enforcement of the High Court’s order.
The High Court’s initial ruling on October 3 criticized the local police’s inaction in addressing complaints that pointed to a cognizable offense involving high-ranking officials and illegal mining activities. The High Court had authorized the CBI to conduct a preliminary inquiry and, if warranted, to register an FIR and pursue a formal investigation in accordance with the law.
The directive was issued under extraordinary circumstances cited by the High Court, invoking its jurisdiction under Article 226 of the Constitution for judicial review when prima facie evidence of cognizable offenses committed by police officials exists.
