Mukul Rohatgi Vs SG Tushar Mehta On CBI 's Jurisdiction In West Bengal [Courtroom Exchange In Coal scam Case Before SC]

The Supreme Court on Thursday granted ad interim protection from arrest to the prime accused in the West Bengal coal scam probe, Anup Majee, conditional on him joining in the investigation before the CBI and cooperating in the same. The bench of Justices DY Chandrachud, MR Shah and Sanjiv Khanna further clarified that this order is passed without expression of any opinion on the merits of the rival contentions, only as a pro-tem measure in view of the forthcoming Holi recess. "The order will not be a restraint on the investigation in the meantime", added the bench."This is a matter where an FIR has been lodged by the CBI and the investigation has been commenced within the territory of the state of West Bengal. This is not a 482 situation, I am not arguing whether I am guilty or not, this is not about whether it is a civil case or a criminal case. I am only on the point of jurisdiction, which arises because of the federal character of the Constitution", began Senior Advocate Mukul Rohatgi for Majee. "Police is a state subject. CBI is the central police authority. It cannot march its army into the state to investigate an offence without the consent of the state. The only exception is where the High Court or the Supreme Court directs the CBI to proceed with the investigation. This has been established in the State of West Bengal case (State of West Bengal v The Committee for Protection of Democratic Rights, West Bengal; 2010) by Justice DK Jain", continued Mr. Rohatgi. "The state of West Bengal withdrew its consent so far as the CBI is concerned on 16.11.2018. Still, the FIR came to be lodged on 27.11.2020. We are here in appeal against the decision of the single judge. The single judge gave a strange finding that the CBI can investigate in the railway area within the state. The High Court cannot carve out an island within the territory of the state!", he pressed. "This is completely mixed up! I am not a fly-by-night operator! I am a purchaser of coal for my own purposes. I have been roped in on account of what is happening in West Bengal, which I don't want to get into! I don't want to run away. I am a businessman. But, every time the CBI registers an FIR, it leads to the involvement of the ED. I am looking for an order of 'no coercive steps'. I assure that I will join the investigation", he pleaded. "What do you mean 'no coercive steps'?", asked Justice Shah."Are you looking for a stay of arrest on your statement to cooperate in the investigation?", asked Justice Chandrachud. "I will join the investigation. I will report every day. I will comply with whatever conditions Your Lordships deem fit to impose", said Mr Rohatgi At this point, SG Tushar Mehta, for the CBI, sought to intervene-"Let me please complete the chain, in a lighter vein. Mr Rohatgi says that registration of the FIR by the CBI leads to ED. I feel that that leads to Mr Rohatgi which, in turn, leads to 'no coercive steps'...There are certain subsequent facts – the CBI found that this is not just one instance of the offence. I am saying this after perusing the records of the case. It is a systematic racket where coal of the ECL is stolen. The coal is loaded in the railways. It is a multi-state offence. The ECL had itself carried out an in-house enquiry. Their officers in collusion with the petitioner, as well as the railway officials, were found to be involved in the illegal extraction of huge amounts of coal clandestinely. We registered the case. The investigation is ongoing. A prima facie case has been made out. The role attributed to the petitioner is very serious!" "The LPA was rightly filed by the CBI and by the accused. Although now they are changing their stance. There is no estoppel to it, but it is a question of law which Your Lordships may decide. Your Lordships are examining the interim order of the High Court division bench, which allowed that for protecting his personal liberty, the petitioner may move 438 jurisdiction for anticipatory bail! If Your Lordships are disturbing the finding that the CBI has jurisdiction, only then it is a question of this court granting any interim relief", continued the SG. "But he is stating that he will cooperate in the investigation. There is no question of not cooperating. Should you want to arrest him, give him time to move anticipatory bail...", ventured Justice Chandrachud. "There are many people in the fray. They will all come in petitions before this court. He is the main kingpin and the maximum role has been imputed to him. Everybody who comes after him will be implicated in an offence of lesser gravity. All the accused will file similar petitions for similar order then. In 438, We can show the serious material that we have gathered that we cannot show before this Court! He may move the 438 court tomorrow, there is no difficulty! 438 court will have jurisdiction and we will show the host of materials we have gathered!", argued the SG. "But we are not staying the investigation even qua...

Mukul Rohatgi Vs SG Tushar Mehta On CBI 's Jurisdiction In West Bengal [Courtroom Exchange In Coal scam Case Before SC]

Mehal Jain

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