Jharkhand: ED trying to mislead, hear mining PIL separately, HC told
Accusing ED of trying to “mislead and obfuscate” Jharkhand High Court, the state government has filed an affidavit and asked the court to adjudicate and hear the PIL on the mining issue “separately”.
In the affidavit, filed in HC on Monday, the government alleged that ED is bringing facts arising out of MGNREGA scam and mixing it with the mining PIL even though it has “no bearing or connection”.
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The HC is currently hearing three PILs: one related to the MGNREGA scam, in which senior IAS officer Pooja Singhal has been arrested by ED, which was filed in 2019; and two PILs related to the mining lease and shell companies, both concerning CM Hemant Soren and filed in 2022 and 2021, respectively.
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Premium“…it is submitted that the present PIL (mining) should be heard separately, as it has no connection with the (MGNREGA and shell companies PILs)…especially when ED is trying to obfuscate and mislead the court, bringing facts out of other proceedings arising out of ECIR/PAT/14/2012 which has been registered pursuant to FIRs in Khunti (MGNREGA scam of 2010),” the affidavit stated.
HC will hear the maintainability of two PILs on Wednesday.
In the affidavit, the government said there has been neither any FIR on the allegations nor has there been any private complaint on this matter.
The Jharkhand government stated in the affidavit: “In the absence of petitioner availing such remedies…PIL ought not to have been entertained…it is submitted that without following the above procedure is a cause for concern, especially since this court has allowed the ED to file an affidavit without there being a predicate offence…. In the present PIL there is no FIR, let alone ECIR…
“Further, an affidavit by ED demonstrates that facts and demonstrations carried out in unconnected ECIR is filed in the present case without there being a predicate offence. The whole procedure is unknown to the law and wholly without jurisdiction.”
