National Wealth Misappropriated: Jharkhand HC Transfers Case Alleging Involvement Of Police Officials In Dhanbad Illegal Coal Mining To CBI
|The Jharkhand High Court has transferred the case alleging involvement of senior police officials in Dhanbad Illegal Coal Mining to the Central Bureau of Investigation (CBI).
The Court was dealing with a writ petition seeking institution of an FIR by the CBI based on a complaint in the aforesaid case.
A Single Bench of Justice Sanjay Kumar Dwivedi said, “… it is crystal clear here that national wealth/ national resources of the State of Jharkhand, particularly, in the district of Dhanbad, are being misappropriated and in the case in hand serious allegations are made of illegal transportation of coal even from the closed mines.”
Advocate Indrajit Sinha appeared for the petitioner while Senior Advocate Kapil Sibbal, Advocates Manoj Kumar, Deepankar Roy, A.K. Das, and Saurav Kumar appeared for the respondents.
In this case, the prayer in the writ petition was made to show cause upon the respondents as to how and under what circumstances on-line complaint lodged by the petitioner in May 2024 was not registered and that the investigation was not started. It was alleged that the State police did not register the FIR with respect to the Illegal Coal Mining in Dhanbad. It was further alleged that the senior officials of the police department were in nexus with their political highers of the State.
The High Court in view of the facts and circumstances of the case, observed, “It is true that the CBI is already overburdened with the investigations and the enquiries of the various high profiles cases of the national and international ramifications and in such premises, on the basis of available infrastructure of the CBI it may be difficult for it to carry out the investigation of the impugned case but in order to maintain the faith of the people at large in the system, so also to protect the right of the citizens, the investigation of the impugned serious allegation was alleged against the Sr.S.P. and other officials stated hereinabove investigation is required through CBI.”
The Court noted that, prima facie case of transferring such case is made out to the CBI as highers are involved and the Jharkhand police is not willing to register the FIR in view of the opportunity provided to them and that they have resisted the same in the counter affidavit only on the ground that the petitioner is having the criminal antecedent.
“… this case is fit to be investigated by the C.B.I.”, it remarked.
The Court, therefore, directed the CBI to register the case of preliminary inquiry with regard to the complaint in the writ petition.
Accordingly, the High Court allowed the writ petition and transferred the case to CBI.
Cause Title- Arup Chatterjee v. The State of Jharkhand & Ors.