SC lists hearing on Jharkhand govt's petition challenging HC
Jun 17, 2022
New Delhi [India], June 17 : The Supreme Court on Friday said that the Jharkhand government's plea challenging the High court order on the maintainability of the PIL in connection with shell companies allegedly related to Chief Minister Hemant Soren and his associates will be listed before an appropriate bench after reopening of the top court.
The vacation bench of Justice J K Maheshwari and Justice Hima Kohli said that on request of Senior Advocate Mukul Rohatgi, list the matter upon reopening before an appropriate bench.
Senior Advocate Mukul Rohatgi, appearing for the petitioner, said that petition in Jharkhand HC is politically motivated, and is only to destabilise the government.
Last week, the Jharkhand government has filed a Special Leave Petition (SLP) in the apex court challenging the Jharkhand High Court's order on the maintainability of PIL in connection with shell companies allegedly related to state Chief Minister Hemant Soren and his associates.
On June 3, Jharkhand High Court held two PILs against the Chief Minister and rejected the arguments made by senior advocates Kapil Sibal and Mukul Rohatgi (questioning the maintainability of the two PILs filed against CM and his associates) in its 79-page judgement.
Rejecting the objections point-by-point, the High Court had said that because some of the requirements as per rules 4, 4-B and 5 of the Jharkhand High Court (Public Interest Litigation) Rules, 2010 have not been followed and the instant writ petitions cannot be held to be not maintainable.
"This Court, after considering the aforesaid aspect of the matter and taking into consideration the fact that the issue which is the subject matter of writ petition since it involves the issue of siphoning off huge public money, having the public interest at large, therefore, this Court deems it fit and proper not to throw the writ petition on that ground," stated the Jharkhand's HC order copy.
In its conclusion, the Division Bench of Chief Justice Dr Ravi Ranjan and Justice Sujit Narayan Prasad said "This Court, after having answered the issue, as framed by this Court, and on the basis of 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."
The Jharkhand High Court had been hearing various petitions pertaining to shell companies, the mining lease of Chief Minister Soren and the MGNREGA scam.
