Did the SC Deny CBI's Request for Preliminary Inquiry in Jharkhand Assembly Appointments?
Synopsis
Key Takeaways
- The Supreme Court declined the CBI's request for a preliminary inquiry.
- Kapil Sibal argued that the proceedings were politically motivated.
- The court emphasized the misuse of investigative agencies in political conflicts.
- Serious allegations of irregularities in the Jharkhand Assembly were raised.
- The ruling highlights the importance of impartial investigations.
New Delhi, Nov 18 (NationPress) The Supreme Court on Tuesday dismissed a request from the Central Bureau of Investigation (CBI) aimed at obtaining authorization for a preliminary inquiry into purported irregularities in the hiring and promotion processes within the Jharkhand Assembly.
A panel comprising Chief Justice of India (CJI) B.R. Gavai and Justice K. Vinod Chandran rejected the central agency's interlocutory application, firmly stating that no CBI investigation would commence regarding this issue.
Senior advocate Kapil Sibal, representing the Jharkhand Assembly, contended that the proceedings were driven by political motives and remarked: “Whenever such matters arise, the CBI intervenes without justification.”
Sibal informed the CJI Gavai-led panel that the apex court had previously suspended the inquiry mandated by the Jharkhand High Court, eliminating any grounds for the central agency to move forward.
Conversely, Additional Solicitor General (ASG) S.V. Raju, representing the CBI, argued that significant irregularities had occurred and insisted that the agency should be permitted to conduct a preliminary investigation.
In its ruling, the Supreme Court found that the application lacked maintainability. During the proceedings, the court made pointed observations regarding the behavior of investigative bodies in politically charged cases, stating, “Why do you utilize the agency for your political conflicts? In numerous instances, we have indicated that investigative agencies should not be exploited.”
This controversy originated from a plea submitted by social activist Shiv Shankar Sharma to the Jharkhand High Court, alleging widespread illegal appointments within the Assembly.
The petition asserted that in 2018, the then-Governor had identified 30 areas necessitating action due to alleged procedural breaches, yet no measures were taken. In September 2024, the Jharkhand High Court instructed the CBI to conduct an investigation, noting that the allegations were serious and implicated “senior politicians and individuals who had previously held high-ranking positions such as the Speaker of the Legislative Assembly of State of Jharkhand.”
The Jharkhand HC remarked, “Given the involvement of high-ranking officials in filling various positions within the Jharkhand Legislative Assembly, as reported, it is impractical to conduct an effective investigation if the matter were handled by the State Police or State agency.”
In response to this ruling, the Jharkhand Assembly and the state government approached the Supreme Court, contending that the Jharkhand High Court had unjustifiably disregarded the state’s investigative apparatus and designated the CBI as the primary investigative body.
After reviewing the case in November 2024, the Supreme Court stayed the directive from the Jharkhand High Court, stating that it would first determine whether the CBI was the appropriate agency for the initial investigation.