VidhiSangh

Supreme Court of India · 07/11/2022

STATE OF JHARKHAND versus SHIV SHANKAR SHARMA AND ORS.

[2022] 18 S.C.R. 1144 · 2022 INSC 1184

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Summary

Two PILs in the Jharkhand High Court sought CBI and ED investigation of alleged money laundering by Chief Minister Hemant Soren through shell companies, and his prosecution over a mining lease. The High Court held them maintainable, treating the PIL Rules as directory. The Supreme Court reversed and set that order aside. The petitioner had suppressed the dismissal, with costs, of a similar 2013 PIL brought through the same counsel, in breach of Rule 4-B. His allegations were vague and unsupported, and he had approached no statutory authority. The mining-lease question was already pending before the Election Commission. Following Kunga Nima Lepcha, a writ court should not order the start of an investigation on bare allegations.

Issues

  1. Whether PILs seeking a writ directing investigation by the CBI and ED into alleged corruption by the Chief Minister, and his prosecution over a mining lease, were maintainable despite non-compliance with the Jharkhand High Court (Public Interest Litigation) Rules, 2010.
  2. Whether the PIL Rules are merely directory and could be disregarded because the allegations were serious.

Provisions considered

Held

Result

Civil Appeal Nos. 8233-8234 of 2022 allowed; the Jharkhand High Court's order dated 03.06.2022 holding W.P. (PIL) Nos. 4290 of 2021 and 727 of 2022 maintainable set aside.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 1144.