Arun Kumar Dubey vs Director, Directorate Of Enforcement & Ors

Mr. Rajeev Kumar, learned counsel for the petitioner, referring to the raids conducted in the residence of Ms. Pooja Singhal, Secretary, Department of Mines & Industries, Govt. of Jharkhand in connection with embezzlement of public money pertaining to execution of work under MGNREGA, has submitted that during search and seizure conducted by the Directorate of Enforcement ample evidence has been gathered about the complicity of Mining Secretary, State of Jharkhand as also nexus of the Mining Secretary with high-ups in the political side of the State of Jharkhand, as also the SHELL Companies, through which public money are being embezzled and laundered. It has further been submitted that since allegation has been levelled against the higher officials of the State of Jharkhand, having nexus with high- ups in the political side, there is no likelihood of fair enquiry rather there is every chance of suppression of conspiracy in the matter of embezzlement of public money. Therefore, by way of filing Interlocutory Application being I.A. No. 4183 of 2022, mainly prayer has been made to implead Central Bureau of Investigation, as party-respondent in the matter so that the matter pertaining to embezzlement of public money may be investigated properly.

Learned Advocate General, appearing for the State of Jharkhand, has sought for time to file response to the Interlocutory Application being I.A. No. 4183 of 2022, to which, serious objection has been raised by learned counsel for the petitioner stating that this Interlocutory Application was filed on 10.05.2022 but the State even knowing the fact that the matter pertains to embezzlement of huge public money did not file response.

We have heard learned counsel for the parties and perused the record. It appears that Interlocutory Application being I.A. No. 4183 of 2022 was filed on 10.05.2022 itself, after serving copy upon the office of learned Advocate General well in advance, but till date no counter affidavit has been filed by the State.

However, since the main matter itself is to be taken up on 24.05.2022 (Tuesday) along with other matters, let counter affidavit to the Interlocutory Application being I.A. No. 4183 of 2022, be filed by the State, after serving copy to the learned counsel for the petitioner as well as other side well in advance, on before the next date of hearing.

Since the order has been passed in presence of learned Advocate General, let steps for compliance of the order passed by this Court be made without waiting for uploading of the order.

Pursuant to order passed by this Court, the Statement under sealed cover has been produced by the State as well as by the Enforcement Directorate, which has been opened during the course of hearing of the matter.

Let the same be sealed again and kept in the safe custody of the High Court to be produced on the next date of hearing.

Accordingly, put up this matter on 24th May, 2022 to be heard through Video Conferencing Mode.