New Delhi, Nov 18 (UNI) The Supreme Court on Tuesday strongly questioned the Central Bureau of Investigation (CBI) on why the agency was being used to “fight political battles” while hearing a plea related to the probe into alleged irregularities in appointments and promotions in the Jharkhand Vidhan Sabha.
A Bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran, was hearing petitions challenging the Jharkhand High Court’s September 2024 order directing a CBI investigation into the alleged illegal recruitments in the State Assembly.
In November 2024, the Supreme Court had already stayed the High Court order.
The State of Jharkhand has also filed a separate Special Leave Petition (SLP) against the same order.
On Tuesday, an interlocutory application filed by the CBI seeking permission to conduct a preliminary inquiry in the matter came up for hearing.
Declining to entertain the request at this stage, CJI Gavai asked Additional Solicitor General SV Raju, “Why do you use the machinery for your political battles? We have told you so many times.”
The CJI referenced earlier concerns raised in cases involving Tamil Nadu TASMAC and Karnataka MUDA, where similar questions were put to the CBI and Enforcement Directorate (ED) regarding alleged political misuse.
Senior Advocate Kapil Sibal, appearing for the Jharkhand Vidhan Sabha, added, “It is shocking that when matters come up, CBI appears in that court beforehand.”
ASG Raju responded, “Not in this case.”
Sibal countered, “Not only here, in many cases. In West Bengal, My Lords have seen it.”
The ASG replied, “The reason is obvious, when there is an offence, we appear.”
The case originated from a Public Interest Litigation (PIL) filed by Shiv Shankar Sharma, a social worker, before the Jharkhand High Court.
The PIL sought implementation of a 2018 directive allegedly issued by the then Governor to the then Speaker regarding 30 reference points identified by an Enquiry Commission into illegal appointments in the Assembly. Sharma also sought a CBI inquiry into the alleged illegal recruitments.
In September 2024, the High Court allowed the plea and directed a preliminary CBI probe, observing that the allegations involved “illegal appointments… with connivance of high-ups of the State including the then Speaker…”
The Court held that entrusting the matter to an independent agency like the CBI was necessary to ensure a fair, honest and complete investigation and to maintain public confidence, given the involvement of top State officials.
The Jharkhand Vidhan Sabha has argued that the High Court erred in ordering a CBI investigation as the first investigating agency without providing cogent reasons for bypassing the state police.
The matter is expected to come up again after further submissions from the parties.
