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Supreme Court Adjourns Jharkhand Government’s Plea Against CBI Probe Into Mining Case Involving CM's Associates

The Supreme Court today, November 12, adjourned by two weeks the Jharkhand Government's petition challenging the High Court's order directing a CBI investigation into alleged illegal stone mining activities and an attack on villagers in Sahibganj district. This case reportedly involves close associates of Jharkhand's Chief Minister, Hemant Soren. The CBI has registered an FIR against the accused under several provisions, including the Indian Penal Code, the Arms Act, the SC/ST Act, and Jharkhand's Mines & Minerals Concession Rules of 2004.


The bench, led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, adjourned the hearing at the request of the counsels. Senior Advocate Kapil Sibal is representing the Jharkhand Government, while Additional Solicitor General Aishwarya Bhati is appearing for the CBI. The Supreme Court had previously issued a notice on May 3, temporarily restraining the CBI from filing a chargesheet but permitting it to continue its investigation.


The dispute traces back to the Jharkhand High Court's February decision to dismiss the state's plea to quash the CBI's FIR, registered without the consent of the state government as required under Section 6 of the Delhi Special Police Establishment Act, 1946. Section 6 mandates that the CBI’s jurisdiction can only be extended to other states with their consent.


In response, Jharkhand's Home Department filed a writ petition under Article 226, asserting that the FIR against police officials should be quashed due to lack of state consent. The High Court had referenced the Vijayalakshmi case, clarifying that a preliminary enquiry isn’t mandatory in all cases involving public officials, particularly when there is evidence of a cognizable offense. Further, as established in Lalita Kumari v. Government of Uttar Pradesh, if information discloses a cognizable offense, a preliminary enquiry is not required.


The case, titled State of Jharkhand v. Central Bureau of Investigation (SLP (Crl) No. 5595/2024), will now return to the Supreme Court after two weeks.




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