Shiv Shankar Sharma vs State Of Jharkhand & Ors

The matter has been heard through Video Conferencing Mode.

Reference may be made to order dated 19th May, 2022, which reads as under:

“Mr. Piyush Chitresh, learned A.C to Advocate General, appearing for the State of Jharkhand has submitted that there is typographical error in order dated 17.05.2022, wherein the year of Interlocutory Application, being I.A. No. 4349 of 2022, has been shown to be 2021 instead of 2022.

This Court, after going through the record, has found that typographical error has crept up in order dated 17.05.2022, wherein year of Interlocutory Application, being I.A. No. 4349 of 2022, has wrongly been typed as 2021 instead of 2022.

Accordingly, order dated 17.05.2022 is modified to the extent that year of Interlocutory Application shall be read as 2022, being passed in I.A. No. 4349 of 2022.

Mr. Tushar Mehta, learned Solicitor General of India, appearing for the Enforcement Directorate, has submitted that an affidavit has been filed in order to bring the facts, which were argued on the previous date, on oath.

Upon this, learned counsel appearing for the State of Jharkhand has submitted that since the aforesaid affidavit has been filed today itself, therefore, time may be allowed to go through the contents of the same and if required to file response thereto.

In view thereof, let the State file response to the affidavit filed by the Enforcement Directorate, if so required, as stated.

Mr. Kapil Sibal, learned senior counsel for the State has informed to this Court that the State of Jharkhand has assailed the orders dated 17.05.2022 passed by this Court in W.P. (PIL) No. 4290 of 2021 and W.P. (PIL) No. 727 of 2022 before the Hon’ble Supreme Court, having Filing Diary No. 16067 of 2022 dated 19.05.2022, which is likely to be taken up tomorrow.

Mr. Tushar Mehta, learned Solicitor General of India, has also submitted that order dated 17.05.2022 passed in W.P. (PIL) No. 4290 of 2021 and W.P. (PIL) No. 727 of 2022 has been assailed before the Hon’ble Supreme Court and the same is likely to be taken up tomorrow.

In such view of the matter, learned Advocate General, appearing for the State has submitted that matter may be adjourned.

We accordingly deem it fit and proper to adjourn the matter for today.

We were fixing the matter for Saturday taking into consideration the urgency of the matter since there is allegation of siphoning of huge public money by high officials of the State as also there is allegation upon high-ups in the political side of the State for allowing such embezzlement of public money, upon which, learned Advocate General has informed that since Saturday (21.05.2022) is not a Court working day, therefore, it may be kept for another day.

Thereafter, we were keeping the matter to be heard on Monday (23.05.2022), whereupon, it was submitted on behalf of learned Advocate General that on Monday Mr. Kapil Sibal, learned Senior Counsel would not be available as he has to go to Jabalpur, therefore, prayer was made to post the matter on Tuesday (24.05.2022).

There is no objection from the other side for fixing the matter on Tuesday (24.05.2022).

We, therefore, considering the submission advanced by learned Advocate General appearing for the State of Jharkhand and having no objection on the other side, deem it fit and proper to post the matter to be heard on 24th May, 2022.

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

Accordingly, list this case on 24th May, 2022 at 11.00 a.m. to be heard through Video Conferencing Mode.”

Mr. Rajeev Kumar, learned counsel for the petitioner has submitted that against order dated 17th May, 2022 passed by this Court, appeal being S.L.P. (C) No.009729 – 009730/2022 has been preferred before the Hon’ble Supreme Court by the State of Jharkhand.

During course of hearing, it has been informed at the Bar that the said S.L.P has been disposed of without interfering with the merit of the issue directing the High Court to first deal with the issue of maintainability, as has been directed by this Court vide order dated 17th May, 2022.

Mr. Kapil Sibal, learned senior counsel being assisted by learned Advocate General of the State of Jharkhand has not disputed the aforesaid fact.

However, Mr. Sibal, learned senior counsel appearing for the respondents-State of Jharkhand has sought for time to address the issue of maintainability of the writ petition(s). He has consented to list the matters to be heard on 1st June, 2022.

Mr. Mukul Rohatagi, learned senior counsel appearing for respondent no. 6 has also agreed for listing of the matter on 1st June, 2022.

Mr. Tushar Mehta, learned senior counsel appearing for Enforcement Directorate has raised no objection as also there is no opposition by learned counsel for the petitioner for fixing the matter to be heard on 1st June, 2022.

Considering the aforesaid submissions, let this matter be listed on 1st June, 2022 at 11.00 A.M. to be heard through Video Conferencing Mode.

Learned counsel for the parties has further agreed to exchange their affidavits, if any, by 30th May, 2022.

It is made clear that no adjournment shall be granted to the parties on the next date of hearing.