'Why Use Your Machinery For Political Battles?' : Supreme Court Asks CBI In Jharkhand Assembly Appointments Case

The Supreme Court today, while hearing the issue of a probe into appointments to the Jharkhand Vidhan Sabha, questioned the Central Bureau of Investigation(CBI) why it was being used to fight political battles.

The bench of CJI BR Gavai and Justice K Vinod Chandran was hearing the challenge by the Jharkhand Vidhan Sabha to the Jharkhand High Court's order of September 2024, which directed a CBI inquiry into the alleged irregularities in the appointments and promotions to the Jharkhand State Assembly (Vidhan Sabha). In November 2024, the Court had stayed the High Court's order. The State of Jharkhand has also filed a separate SLP against the High Court's order.

Today, an interlocutory application filed by the CBI seeking permission to conduct a preliminary enquiry in the matter was listed. 

While saying that the application cannot be allowed, CJI Gavai asked Additional Solicitor General SV Raju, "Why do you use the machinery for your political battles? We have told you so many times."  Earlier, in relation to the Tamil Nadu TASMAC case as well as the Karnataka MUDA case, the CJI had asked the ED and the CBI why they were being used for political battles.

At this juncture, Sr Advocate Kapil Sibal, appearing for the Jharkhand Vidhan Sabha, said, "It is shocking that when matters come up, CBI appears in that court beforehand." 

ASG replied, "Not in this case" 

Sibal added, "Not only here, in many cases, in West Bengal, my lords have seen it." 

ASG answered, "The reason is obvious, when there is an offence we appear." 

What Was The PIL Filed Before The Ranchi High Court 

One Shiv Shankar Sharma, a social worker, approached the Jharkhand High Court with a public interest litigation seeking a direction upon Jharkhand authorities to implement a 2018 directive from then Governor to then Speaker regarding implementation of 30 reference points of Enquiry Commission with respect to illegal appointments in Vidhan Sabha. Sharma further sought an enquiry into the alleged illegal appointments by the CBI.

In September, 2024, the High Court granted Sharma's prayer and directed that the alleged irregularities committed in the matter of illegal appointment/promotion to the legislative assembly of Jharkhand be preliminarily enquired by CBI. The High Court order observed :

"The matter involves illegal appointment made in the Jharkhand Legislative Assembly, allegedly with connivance of the high ups of the State including the then Speaker, who is stated to be holding the post of Cabinet Minister, therefore, it would be desirable to entrust the investigation to an independent agency like the Central Bureau of Investigation so that all concerned including the then speaker of legislative assembly may feel assured that an independent agency is looking into the matter...Since the high ups of the State of Jharkhand is involved in fulfilling the various posts in Jharkhand Legislative Assembly which has come in the report, hence it is not feasible to have proper investigation if the matter would be investigated by the State Police/State agency, therefore, for fair, honest and complete investigation, and particularly, when it is imperative to retain public confidence."

Against this High Court order, the present petition has been filed by Jharkhand Vidhan Sabha, stating that the High Court erred in directing the CBI to investigate -as the first investigating agency - in absence of any cogent and convincing reason that the state-investigating agency is not fit to investigate into the alleged irregularities..

Case Title: THE JHARKHAND VIDHAN SABHA v. SHIV SHANKAR SHARMA, SLP(C) No. 26367/2024

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