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2022 Supreme(Jhk) 212

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAVI RANJAN, SUJIT NARAYAN PRASAD, JJ.
Sushil Kumar Singh, Son of Late Parshuram Singh – Appellant
Versus
The State of Jharkhand – Respondents
W.P.(PIL) No.7176 of 2017, 5788 of 2018, 1580 of 2019
Decided on : 11-04-2022

Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajeev Kumar, Mr. Shubham Gautam, Advocate
For the Respondent: Mr. Rajiv Ranjan, Mr. Piyush Chitresh, Mr. Prashant Pallav, A.S.G.I.

The High Court emphasized the importance of independent and effective investigation in cases involving allegations of corruption and irregularities, particularly when high-ranking officials and bureaucrats are implicated. The Court held that in such cases, handing over the investigation to an independent agency like the CBI is necessary to ensure credibility, instill public confidence, and bring the guilty to justice.

Headnote:

The High Court of Jharkhand in a series of writ petitions filed as Public Interest Litigations (PILs) examined the issue of alleged irregularities and embezzlement of public funds in the construction of a Mega Sports Complex and the purchase of sports equipment for the 34th National Games held in Ranchi, Jharkhand. The Court considered the maintainability of the PILs, the role of the State Government and investigating agencies, and the necessity of handing over the investigation to an independent agency, namely, the Central Bureau of Investigation (CBI).

Fact of the Case:

The PILs were filed by various petitioners, including a citizen and a social activist, alleging irregularities in the construction of the Mega Sports Complex and the purchase of sports equipment for the 34th National Games. The petitioners sought directions for an independent investigation into the alleged irregularities and embezzlement of public funds.

Finding of the Court:

The High Court, after examining the facts and circumstances of the case, held that the PILs were maintainable and that the State Government had failed to take appropriate action to investigate the alleged irregularities. The Court noted that despite the recommendation of the Vidhan Sabha Committee to hand over the investigation to the Vigilance Bureau (now Anti-Corruption Bureau), no such investigation had been initiated. The Court also found that the investigation into the irregularities in the purchase of sports equipment, which was handed over to the Vigilance Bureau, had been ongoing for over 12 years without any substantial progress.

Issues: 1. Whether the PILs were maintainable? 2. Whether it was a fit case to hand over the investigation to the CBI?

Ratio Decidendi: The High Court, in its judgment, relied on several precedents set by the Supreme Court of India to determine the maintainability of the PILs and the necessity of handing over the investigation to the CBI. The Court held that: * The PILs were maintainable as the petitioners had demonstrated a genuine cause of action and had come to the Court with clean hands and a sincere intention to address the alleged irregularities. * The State Government had failed to take appropriate action to investigate the alleged irregularities, despite the recommendation of the Vidhan Sabha Committee and the direction passed by the Court in a previous PIL. * The investigation into the irregularities in the purchase of sports equipment had been ongoing for over 12 years without any substantial progress, indicating a lack of diligence and effectiveness on the part of the State investigating agencies. * The involvement of high-ranking officials and bureaucrats in the alleged irregularities warranted an independent investigation by the CBI to ensure credibility and instill public confidence in the investigation process.

Final Decision: Based on the aforementioned findings and legal principles, the High Court directed that the investigation of the alleged irregularities in the construction of the Mega Sports Complex and the purchase of sports equipment be handed over to the CBI. The Court also directed the State Government to cooperate with the CBI in the investigation and to provide all necessary documents and assistance.

ORDER :

All the three writ petitions are being heard together as common issues are involved in these writ petitions, with the consent of the learned counsel for the parties.

W.P.(PIL) No.7176 of 2017

2. The writ petition bearing W.P.(PIL) No.7176 of 2017 under Article 226 of the Constitution of India has been preferred inter alia for grant of following reliefs:-

    i) For the direction upon the respondents no. 4 and 5, to investigate the Vigilance P.S. Case No.49/10 registered on 06.10.2010, under section 409, 420, 467, 468, 471 and sec 13(1)(d) P.C. Act 1988, as the audit can has detected mass scale financial irregularities committed in 34th National Games by the accused persons and due to the influence of the high profile persons like, Ex Union Minister, Ex-Chief Minister and the Investigating Officers and the then DIG and were ADG manages after receiving huge amount through Hawala, as it is evident from the conversations of R.K.Anand and others, who were directly benefited from the misdirected and delay investigation.

ii) For the direction upon the respondents to investigate the involvement of officers, like the then Additional Director General of Police, Mr. Neeraj Sinha, the then Deputy Director General of Police, and Shailendra Kumar Sinha, the then Investigating Officer, who has taken money through middle men and has managed the case against Mr. R.K.Anand, Ex-M.P., and Sr. Advocate/President of Jharkhand Olympic Association, where, the role of Subodh Kant Sahay, the ex Union Minister and the then as is evident from the conversation of the R.K.Anand and Prabhat Sharma, Sanjay Sharma, Neel Kamal, Santosh and others (hawala Agents), Chetan Anand, Son of R.K.Anand, Advocate Supreme Court/High Court indicates to what extent the vigilance Bureau/A.C.B. was sold its interest by these officers.

iii) For the direction upon the Enforcement Directorate to investigate the properties (both movable and immovable) earned illegally by the respondents no. 11 and 12 by misusing their office and interfering in the investigation of the 34th National Games, where money worth crores of rupees exchanged hands and as a result, the criminal cases against such high profile people has been managed till date and even today also the officers are influenced due to might of R.K.Anand, therefore rest of the three accused has been charge sheeted except R.K.Anand.

3. The fact which led the writ petitioner to invoke the jurisdiction conferred to this Court under Article 226 of the Constitution of India seeking the aforesaid directions, reads as under :-

It is the case of the writ petitioner that 34th National Games were organized under the auspices of National Games Organizing Committee/Jharkhand Olympic Association. During organizing the games, crores have been spent, wherein, it has been detected that there is an embezzlement of huge amount by the organizers of the games.

One Bhola Nath Singh, lodged a F.I.R. in the Vigilance Bureau to investigate the embezzlement of public money, which was registered as Vigilance Case No.49/2010 dated 06.10.2010.

The matter was investigated and the allegations were found true against three persons, namely, Madhu Kant Pathak, S.M.Hashmi and P.C. Mishra, whereas the allegations against Mr. R.K.Anand, during the relevant time, was still under investigation since 2010.

It is the grievance of the writ petitioner that since 2010, the investigation of the said case is pending only against Mr. R.K.Anand, the President, Jharkhand Olympic Association due to the reasons evident from the audio conversations of various respondents and the Hawala operators.

It is the further case of the writ petitioner that the transcript of audio-conversations between R.K.Anand, Prabhat Sharma, Sanjay Sharma, Chetan Anand and Hawala Agents indicate that as to how, the money has changed hands from Delhi to Ranchi, through Hawala in Special Case No.66/2010.

It

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