Cal HC stays single-judge order on coal mining probe, rejects interim prayer relief of accused

A division bench of the CalcuttaHigh Court on Friday stayed a single bench order that hadrestricted a CBI investigation into alleged illegal mining andtransportation of coal to just railway areas in West Bengal.

The court also rejected a prayer by accused Anup Majeefor interim relief against any coercive action against him.

The division bench comprising justices Rajesh Bindaland Aniruddha Roy observed that if the process ofinvestigation is stalled at this stage, material evidencewhich may have to be collected, can get lost and the accusedmay be able to achieve the objective for which ''frivolouslitigation'' has been filed.

Noting that the case pertains to illegal mining andtransportation of coal through railways in connivance withofficers of the Eastern Coalfield Limited, the CISF and someindividuals, including petitioner Majee, the court said thatthe process of investigation against other accused arrayed inthe FIR will also be jeopardised.

The division bench stayed the February 3 single benchorder that said that the CBI is authorised to continue itsinvestigation in respect of the FIR ''within the railway areas''situated in West Bengal.

Appearing for the West Bengal government, AdvocateGeneral Kishore Dutta submitted that since permission to theCBI to carry out any probe in the state was withdrawn onNovember 16, 2018, no investigation for offence committedwithin its territorial jurisdiction can be conducted by thecentral agency.

Majee's lawyer prayed that the investigation and anycoercive action against Anup Majee be stayed.

Opposing Majee's prayer and the state government'sargument, Solicitor General of India Tushar Mehta submittedthat no prejudice as such will be shown against the accused ifthe offence is investigated by the CBI.

He submitted that any delay in the process willcertainly hamper the probe as witnesses may be won over or thecase property or records destroyed or tampered with.

Mehta asserted that even if the state has withdrawnthe consent for investigation of the cases by the CBI, thesame cannot be withdrawn with reference to the railway areas.

He further referred to various provisions of CrPC interms of which investigation, arrest of the accused can bemade even beyond the boundaries of the state in which the FIRis registered, after following due process.

He submitted that even trial of an offence can be heldat any place where a part of the offence is committed.

Dismissing Majees prayer for a stay on the CBI probe,the bench observed that an accused cannot choose the agencywhich will carry out investigation.

Directing the parties in the appeals to fileaffidavits, the court ordered that the matter will be taken upfor hearing again on April 27.