D. Y. CHANDRACHUD, BELA M. TRIVEDI
State of Jharkhand – Appellant
Versus
Shiv Shankar Sharma – Respondent
ORDER
1. A batch of three writ petitions is pending before the Division Bench of the High Court of Jharkhand:
(i) In Writ Petition (PIL) No 4632 of 2019; the petitioner, Arun Kumar Dubey, seeks, inter alia, a direction to the Directorate of Enforcement to investigate 15 FIRs pertaining to alleged offences arising out of the disbursement of MANREGA funds to Khunti Zila Parishad implicating offences under Sections 406, 409, 420, 423, 429, 465 and 120B of the Indian Penal Code and Sections 11, 12(2) and 13(1)(e) of the Prevention of Corruption Act, 1988;
(ii) In Writ Petition (PIL) No 4290 of 2021; the petitioner, Shiv Shankar Sharma seeks a direction for an investigation into the alleged transfer of monies by the Soren family in the names of respondent Nos 8 to 13 through the instrumentality of certain shell companies; and
(iii) In Writ Petition (PIL) No 727 of 2022; the petitioner Shiv Shankar Sharma seeks a direction for sanctioning the prosecution of the Chief Minister for obtaining a mining lease in his own name implicating offences under the provisions of the Prevention of Corruption Act, 1988 and the Indian Penal Code.
2. On 22 April 2022, when Writ Petition (PIL) No 4290 of 2021 ca
The court emphasized the importance of addressing the issue of maintainability before delving into the merits of a public interest litigation.
(1) Public Interest Litigations – What is of crucial significance in a Public Interest Litigation is bona fide of petitioner who files PIL – It is an extremely relevant consideration and must be exam....
A ground which is not canvassed in pleadings cannot be permitted to be urged across the Bar.
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