Jharkhand Against Corruption vs State of Jharkhand

Dhirubhai Naranbhai Patel, Actg. C.J.

Counsel for the petitioner as well as the counsel for the State have argued out the case at length and we have heard both the sides at length and they have taken this Court to various annexures of the petition as well as of the counter affidavit. It appears that despite our order dated 21st August, 2013, and despite the following directions, given in paragraph No. 4 of the order dated 21.8.2013, the State has not supplied the details. The paragraph No. 4 of the order dated 21.8.2013, reads as under:

"4. We direct the State of Jharkhand to file an affidavit regarding:

(a) The status of the cases pending against the persons who have been referred in this petition.

(b) If the investigations are pending against the persons who are referred in the memo of petition, all the details will be given personwise.

(c) If the cases are pending in any court of the State of Jharkhand, the number of the cases and the stage at which the criminal case or any other case will also be pointed out by the State."

The affidavit has been filed in pursuance of our order dated 21.8.2013, on 13.9.2013 for the following persons. It has been stated that the investigation, in few cases, are pending.

Thus, inaccurately, an affidavit has been filed by the State despite our clear direction given vide order dated 21.8.2013.

Counsel appearing for the State is seeking time to file accurate affidavit of Principal Secretary, Department of Home or of other competent officer/high ranking officer of the State.

The details which are not supplied, shall be supplied by the State of Jharkhand, on or before the next date of hearing.

We also direct the State that in the aforesaid cases, where the investigation is pending, the same shall be completed as early as possible, and if possible, on or before the next date of hearing. The outer time limit shall also be given by the State because very serious are the allegations in the aforesaid cases against variety of the persons under the I.P.C. and all the major type of Sections are covered and the investigations cannot be kept pending for a longer time because in the criminal matters, if the investigation is not completed, it will be very difficult for the Investigating Officer to collect the evidences and it will be much more difficult for the concerned trial court to get the evidences.

Counsel appearing for the State is seeking two weeks'' time to file the details.

Time, as prayed for, is granted. The matter is adjourned to be listed on 3rd September, 2014.