SC asks Jharkhand govt to approach registry for urgent listing of plea against HC order

The Supreme Court Tuesday asked the Jharkhand government to approach the apex court registrar for urgent listing of its petition challenging an order of the high court, which had accepted the maintainability of a plea seeking a probe against Chief Minister Hemant Soren so that the registry can take orders from the office of the chief justice about its listing.

The plea before the Jharkhand High Court has sought a probe into alleged irregularities in the grant of mining leases and also into the transactions of some shell companies allegedly operated by Soren's family members and associates.

On June 3, the 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.

The plea filed by the state against the June 3 order of the high court was mentioned for urgent listing before a vacation bench of Justices A S Bopanna and Vikram Nath.

The bench told senior advocate Arunabh Chowdhury, who mentioned the matter on behalf of the state, to give details about the petition to the registrar.

The state government told the bench that there is urgency as despite being informed that a special leave petition (SLP) has been filed in the apex court challenging the June 3 order, the high court has listed the matter for hearing on June 17, it said.

"You just give the details. They (apex court registry) will take orders," the bench said.

It observed that two vacation benches are sitting at present and the chief justice would take a call about the listing of the matter. When Chowdhury told the bench that the high court has listed the matter for hearing on June 17 despite being informed about the filing of the petition in the apex court, the bench said, "Tell this to the registry." In its June 3 order, a division bench of the high court had said, "This court, after having answered the issue, as framed by this court, and based on 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.'' Before 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 a probe in the matter.

''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 by the 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 concerning the merit of the case and has not dealt with the allegations leveled in the petition.

It had noted that three PILs have been filed before the high court seeking an investigation by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) into the allegations of corruption, misuse of office, and money laundering against the chief minister.

Soren has denied the allegations leveled against him.