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2014 Supreme(Jhk) 17

IN THE HIGH COURT OF JHAKHAND AT RANCHI
R. Banumathi, CJ and Aparesh Kumar Singh, JJ.
Durga Oraon - Petitioner
Vs.
State of Jharkhand & Ors. - Respondent
W.P. (PIL) No. 4700 of 2008
Decided On : 6.1.2014

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rajeev Kumar, Vishal Kumar.
For the State : Mr. R.R. Mishra.
For the C.B.I : Md. Mokhtar Khan.
For the E.D. : Mr. Amit Kumar Das.
For Res. No. 22 : M/s Radhy Shayam, Anand Kumar Sinha & Vinay Prakash.

Headnote:Constitution of India-Article 226---PIL---Corruption among Ministers, officials of State Government—CBI unable to register any regular case in absence of any specific allegation---Proceeding closed with liberty to seek remedy if still aggrieved.

ORDER :

Petitioner is represented by Mr. Rajeev Kumar. C.B.I is represented by Md. Mokhtar Khan, ASGI. State of Jharkhand is represented by R.R. Mishra, G.P.II and some of the respondents represented through their respective counsels.

2. Today, the C.B.I has submitted the latest Status Report in a sealed cover in the Court, which was opened and kept with the record.

3. This writ petition (W.P. (PIL) No. 4700 of 2008) was filed by the petitioner praying for C.B.I investigation against several Ministers of the Government of Jharkhand and other officials and also against some private persons who were allegedly involved in corrupt activities of massive scale and alleged to have amassed huge assets disproportionate to their known source of income by abusing their official position. In the Public Interest Litigation, the petitioner has levelled several allegations against the former Chief Minister, Sri Madhu Kora and against seven Ministers of the then State of Jharkhand, who are respondents in the present case.

4. One Interlocutory Application being I.A. No. 2978 of 2008 was filed in W.P.(PIL) No. 4700 of 2008, praying therein to implead the then Chief Minister Madhu Kora, Binod Sinha and Sanjay Choudhary as respondents in the present case. In the Interlocutory Application, the petitioner has made allegation of some corruption and siphoning of huge money to other places in India and it was prayed to direct the C.B.I to investigate the instances of corruption. By order dated 26.05.2009, the Court has allowed the Interlocutory Application being I.A. No. 2978 of 2008 and directed to implead the above three persons as respondents in PIL.

5. One another Public Interest Litigation was filed being W.P.(PIL) No. 2252 of 2009 by one Aman Munda praying therein for a direction to the C.B.I to investigate the allegation against the then former Chief Minister and his accomplices Binod Sinha, Sanjay Choudhary and Harendra Singh. The said PIL was tagged along with W.P. (PIL) No. 4700 of 2008 and later disposed of.

6. By order dated 4.8.2010 in W.P.(PIL) No. 4700 of 2008 the Court directed the C.B.I to take over investigation in two cases; Vigilance P.S. Case No. 26 of 2008 and Vigilance P.S. Case No. 9 of 2009 from State Vigilance Bureau and accordingly the C.B.I took over the investigation of these cases on 11.08.2010 by re-registering them as R.C. 4(A)/2010-AHD-R and RC 05 (A)/2010-AHD-R.

7. On the request of the Government of Jharkhand, Case No. 38/2010 dated 30.08.2010 under Sections 409/420/423/467/468/471/120B/34 of the I.P.C and 13(2) r/w 13(1) of the Prevention of Corruption Act, 1988 of Jharkhand State Vigilance Bureau was taken over by CBI and registered as RC 13(E)/2011-R at CBI, EO-I Branch, New Delhi on 30.8.2010. However, while hearing W.P.(PIL) No. 4700 of 2008 vide order dated 3.9.2012, this Court clarified that the CBI was required to look into all allegations levelled in the PIL by taking over all the materials collected by existing investigating agencies for conducting comprehensive, complete and thorough investigation. And in furtherance of the direction of this Court, the CBI scrutinized the records and filed various status reports on various dates.

8. While hearing W.P.(PIL) No. 4700 of 2008 vide an elaborate order dated 3.09.2012 the Court directed the CBI to look into the allegation made in the PIL by taking over all the materials by CBI for conducting comprehensive, complete and thorough investigation.

9. In furtherance of the direction of this Court CBI has scrutinized the records and filed various Status reports on various dates. Today (i.e. on 6.1.2014) also one status report in a sealed cover has been submitted before this Court which we have perused. Relevant paragraphs of the Status Report, which are paragraphs 5 to 10, are quoted herein below:

5. CBI scrutinised the records collected from Income Tax Department in respect of about 40 persons including Public Servants, private persons, firms and companies, the result of wh






















































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