Supreme Court stays CBI probe into alleged irregularities in Jharkhand Vidhan Sabha appointments

The Supreme Court on Thursday stayed a September 23 order of the Jharkhand High Court directing a Central Burearu of Investigation (CBI) enquiry into alleged irregularities in the appointments and promotions made to the State Assembly (Jharkhand Vidhan Sabha) [Jharkhand Vidhan Sabha v. Shiv Shankar Sharma]. 

A division bench of Justice BR Gavai and Justice KV Viswanathan passed the order on a plea preferred by the Vidhan Sabha.

"Issue notice. There will be a stay on the operation of the impugned order," the Court dictated in its order.

The Sabha moved the Court arguing that the decision of the High Court ordering CBI probe is untenable in the eyes of law since there is no presence of any criminality or cognizable offence.

Further, they had claimed that all adequate steps including publishing advertisement in newspapers and issuance of admit cards for the purpose of examination was done in order to ascertain meritorious candidates and only thereafter, appointments were made.

The case arose from a public interest litigation (PIL) petition moved before the High Court by one Shiv Shankar Sharma, a social worker, seeking direction that Jharkhand authorities follow a 2018 directive from the Governor to the Speaker regarding the implementation of thirty Enquiry Commission reference points regarding appointments to Vidhan Sabha.

The petitioner requested a CBI probe into the suspected unlawful appointments to the Vidhan Sabha.

In its September 23 order, the High Court allowed the prayer of Sharma and directed the CBI to conduct an enquiry into the alleged irregularities in the appointments.

The Court was of the view that since the allegation is against the senior politician who the speaker of the Assembly, it would be appropriate for the CBI to investigate the matter.

"The matter involves illegal appointment made in the Jharkhand Legislative Assembly, allegedly with connivance of the high ups of the State including the then Speaker, who is stated to be holding the post of Cabinet Minister, therefore, it would be desirable to entrust the investigation to an independent agency like the Central Bureau of Investigation so that all concerned including the then speaker of legislative assembly may feel assured that an independent agency is looking into the matter. Further, since the allegation is against the senior politician and in past holding a very high public post like speaker of the legislative assembly of state of Jharkhand and the allegations made by the petitioner against him have cast a cloud on his integrity, therefore, it is of utmost importance that the truth of these allegations is determined by a competent forum," the High Court decision said.

Aggrieved, the Sabha approached the apex court.

Senior Advocate Kapil Sibal appeared for Jharkhand Vidhan Sabha.