West Bengal Coal Mining Case: Supreme Court Grants Interim Protection to Anup Majee

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."At this stage, since the Court would not be in a position to conclude arguments before the ensuing recess, an ad-interim protection is necessary to safeguard the liberty of the petitioner until the proceedings are heard"."Conditional on the petitioner (Anup Majee) joining in the investigation before the Central Bureau of Investigation and cooperating in the investigation, we direct that he shall not be arrested until 6 April 2021. This order has been passed without the Court expressing any opinion on the merits of the rival contentions, as a pro-tem direction in view of the ensuing recess. This order shall not operate as a restraint on the investigation in the meantime. All the rights and contentions of the parties are kept open to be considered when the proceedings are taken up on 6 April 2021"The Supreme Court on Wednesday commenced the hearing on the challenge to the order of the Calcutta High Court whereby it allowed the CBI to investigate a case pertaining to illegal mining and transportation of coal through Railways in West Bengal, without the State's consent.The Single Judge Bench of the Calcutta High Court had ruled that the probe beyond the Railway areas (in the State of West Bengal), shall be conducted by the CBI only subject to specific consent being granted by appropriate authorities of the State of West Bengal. In an appeal preferred by CBI, a Division Bench of the High Court stayed the Single Judge's order and allowed CBI to investigate the case without any hindrance. The case pertains to illegal mining and transportation of coal through Railways in connivance with officers of the Eastern Coalfield Limited, Railways, C.I.S.F. and some other private persons including the writ petitioner (Anup Majee)."The Supreme Court has been moved under article 136 both against the order of the single judge as well as that of the division bench in appeal. The SLP against the single judge's order has been filed on the assumption that the appeal before the division bench was not maintainable and so the order of the single judge is amenable to challenge in the Supreme Court. A question as regards the jurisdiction of the CBI to investigate within the territory of the state of West Bengal has been raised. SG Tushar Mehta supports the exercise of jurisdiction, not with standing the withdrawal of consent", recorded the bench in its order on Thursday.Click here to download the order

West Bengal Coal Mining Case: Supreme Court Grants Interim Protection to Anup Majee

Mehal Jain

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