Ranchi: As soon as the investigation into Sahibganj illegal mining started, a legal battle broke out between the state government and the Enforcement Directorate. The state government challenged the legality of ED’s interference in the police investigation. The Chief Minister also challenged the ED action and the legal provisions of PMLA in the court. However, the government could not succeed in defeating ED in this legal battle. ED started investigation into illegal mining in Sahibganj by registering the FIR as IIR on the complaint of Shambhu Nandan in connection with Barharwa toll dispute. Meanwhile, ED issued summons to Barharwa case investigating officer Sarfuddin Khan for questioning. He appeared for questioning. He admitted during interrogation that the FIR registered in connection with the Barharwa toll dispute was not investigated properly.
Within 22 hours of the FIR being registered, the DSP issued a supervision note and gave clean chit to these two influential accused Pankaj Mishra and Rural Development Minister Alamgir Alam. He is forced to conduct the investigation as per the guidelines given in the supervision note. ED issued summons to DSP Pramod Mishra after the investigating officer admitted that the investigation was not conducted impartially. Only after this the legal war started between ED and the government.
The government filed a petition in the Supreme Court challenging the ED’s action. This petition was filed in the Supreme Court on behalf of Barharwa incident investigating officer Sarfuddin Khan and DSP Pramod Mishra, who issued the supervision note. In this, the question was raised that the ED is interfering in the investigation being conducted by the investigating agency of the state government. She wants the investigation to be conducted as per her wish by the state investigating agency.
This is not fair. This petition of the government was heard in the bench of Justice Sanjeev Khanna and Justice MM Sundaresh. The court is not in favor of hearing this writ petition filed under Article 32 of the Constitution. If the petitioner wishes, he can approach the High Court regarding this matter. With this comment the Supreme Court executed this petition. After this both these police officers filed a petition in the High Court. In this the summons issued by ED was challenged.
During the hearing, the argument was presented that the Enforcement Directorate (ED) does not have the power to summon the concerned police officers for questioning in connection with the investigation conducted by the state agency. This was opposed by the ED during the hearing of the case. After hearing the case, the High Court executed the petition, but did not give relief to the police officers. Due to this, Pramod Mishra had to appear at the ED’s regional office in Ranchi for questioning.
ED’s action was also challenged in the Supreme Court by Chief Minister Hemant Soren. The Chief Minister appeared for questioning in the light of the summons issued in connection with illegal mining, but opposed the summons issued in connection with the purchase and sale of land and wrote a letter to the ED to withdraw the summons, calling it politically motivated. He also said that in case the summons is not withdrawn, he will take legal action. After this, he challenged the ED’s action by filing a writ petition in the Supreme Court.
Also, Sections 50 and 63 of PMLA were said to be against the fundamental rights of the citizens. It was said in the petition that ED issues summons to record statement under Section 50 and arrests under Section 19. Therefore, the person receiving the summons remains in fear of arrest. The petition also said that the summons does not mention whether he is being called as a witness or an accused. Apart from this, copy of IIR is also not given. This is a violation of constitutional rights. The petition was heard in the bench of Justice Aniruddha Bose and Justice Bela M Trivedi. The court rejected the petition and gave permission to file the petition in the High Court.