Jharkhand govt. moves Supreme Court on maintainability of plea seeking probe against CM Soren
The Hindu
The Jharkhand High Court had said that the writ petitions cannot be thrown away on the ground of maintainability and it will proceed to hear the matters on merit.
The Jharkhand government has moved the Supreme Court, challenging an order of the High Court, which had accepted the maintainability of a plea seeking probe against Chief Minister Hemant Soren for alleged irregularities in grant of mining lease and also into the transactions of some shell companies allegedly operated by his family members and associates.
On June 3, the Jharkhand High Court had said it was of the considered opinion that the writ petitions cannot be thrown away on the ground of maintainability and it will proceed to hear the matters on merit.
"This court, after having answered the issue, as framed by this court, and on the basis of discussions made hereinabove, is summing up its view and is of the considered opinion that the writ petitions cannot be thrown away on the ground of maintainability," a division bench of the high court had said in its order.
Prior to that, on May 24, the apex court had asked the high court to first hear the preliminary objections on the maintainability of the public interest litigation (PIL) seeking probe in the matter.
The top court had observed that the high court had itself in its May 13 order said that it would deal with the maintainability of PIL, filed by Shiv Shankar Sharma, upfront and then it would go into the merit of allegations levelled in the petition.
"The issue of maintainability should be dealt with by the high court on the next date of listing when the proceedings are taken up. Based on the outcome of the objections to the maintainability of the proceedings, the high court may thereafter proceed in accordance with law," the apex court had said.
It had passed the May 24 order on the petition filed by the state against two orders of the High Court in the matter. The top court had also made clear that it has not made any observation with regard to the merit of the case and has not dealt with the allegations levelled in the petition.
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