Shiv Shankar Sharma vs State Of Jharkhand & Ors

I.A. No. 4427 of 2022

The instant Interlocutory Application has been filed for extension of further four weeks’ time for filing counter affidavit to the affidavit filed by respondent no. 6-Enforcement Directorate dated 19.05.2022.

Mr. Kapil Sibal, learned senior counsel being assisted by learned Advocate General of the State of Jharkhand, appearing for the respondents-State, pressing the Interlocutory Application, has submitted that taking into consideration the fact that a counter affidavit has been filed by respondent no. 6-Enforcement Directorate therein that there is substantial evidences showing strong prima facie case of commission of serious cognizable offence, as such at least four weeks’ time is required to file response to the counter affidavit filed by respondent no. 6-Enforcement Directorate.

It has further been stated that against order dated 17th May, 2022 passed by this Court in W.P. (PIL) No. 727 of 2022 and W.P. (PIL) No. 4290 of 2021, appeal being S.L.P.(C) No.009729–009730/2022 had been preferred before the Hon’ble Supreme Court which has been disposed of with a direction to the High Court to first consider the issue of maintainability.

Serious objection has been raised by learned counsel for the petitioner as also by learned senior counsel appearing for the respondent-Enforcement Directorate.

It has been submitted that the instant application is fit to be disposed of in terms of order passed by this Court in W.P. (PIL) No. 4290 of 2021, wherein learned senior counsel appearing for the State of Jharkhand as also respondent no. 6 therein have agreed for hearing of the matter on 1st June, 2022. Furthermore, the SLP preferred by the respondents-State of Jharkhand has been disposed of today (i.e., 24th May, 2022) itself without interfering with the merit of the issue directing the High Court to deal with the issue of maintainability first.

Upon this, learned senior counsel appearing for the State of Jharkhand as also respondent no. 7 also agrees that such direction has been given by Hon’ble Apex Court.

This Court, having heard learned senior counsel appearing for the parties and taking into consideration the consent of the parties for listing the matter on 1st June, 2022, as has been passed in W.P. (PIL) No. 4290 of 2021, is of the view that this Interlocutory application is fit to be disposed of in terms of the order passed by this Court in W.P. (PIL) No. 4290 of 2021.

Accordingly, Interlocutory Application being I.A. No. 4427 of 2022 stands disposed of with a direction to the respondent-State to file response to the counter affidavit filed by respondents-Enforcement Directorate by 30th May, 2022 after serving advance copy to the parties concerned.

W.P. (PIL) No. 727 of 2022

Mr. Indrajit Sinha, learned counsel has put his appearance on behalf of Deputy Commissioner, Ranchi and has submitted that affidavit in terms of the order passed by this Court has been filed.

This Court, after hearing learned counsel for the Deputy Commissioner, Ranchi, is of the view that issue of conduct of Deputy Commissioner, Ranchi for swearing the concerned affidavit will be considered on the next date of hearing.

Accordingly, list this matter on 1st June, 2022 at 11.00 A.M. to be heard through Video Conferencing Mode.

It is made clear that no adjournment shall be granted to the parties on the next date of hearing as parties are in agreement regarding the next date of hearing.

This is further made clear that as per the direction of Hon’ble Supreme Court, issue of maintainability of the writ petitions would be considered first.