The Supreme Court, in a recent order, stayed the Jharkhand High Court’s directive requiring the Central Bureau of Investigation (CBI) to probe alleged irregularities in appointments and promotions within the Jharkhand Legislative Assembly. A bench comprising Justices BR Gavai and KV Viswanathan issued this stay upon hearing Senior Advocate Kapil Sibal, representing the petitioner—the Jharkhand Vidhan Sabha.
Background of the Case
The case originated when social worker Shiv Shankar Sharma filed a Public Interest Litigation (PIL) in the Jharkhand High Court, seeking the implementation of a 2018 directive issued by the then-Governor to the then-Speaker. The directive contained 30 points from a judicial commission of inquiry focusing on alleged irregularities in Vidhan Sabha appointments. Sharma also requested that the High Court order a CBI investigation into the alleged irregular appointments and promotions.
In September 2024, the Jharkhand High Court accepted Sharma’s plea, directing a preliminary investigation by the CBI. The High Court emphasized that the allegations involved senior state officials, including the former Speaker, now serving as a Cabinet Minister. The Court opined that entrusting an independent agency like the CBI with the investigation would be more suitable to ensure a fair and impartial inquiry, noting that state officials might lack public confidence due to potential conflicts of interest.
The High Court cited the recommendation of a one-man judicial commission which suggested CBI involvement; however, no action was taken from 2018 to 2022. Instead, a second one-man judicial commission was established to scrutinize the findings of the initial report while Sharma’s PIL was still pending—a move that the High Court found questionable, noting that it may have violated Section 8-A of the Commissions of Inquiry Act, 1952.
Argument by Jharkhand Vijay Sabha
The Jharkhand Vidhan Sabha filed a Special Leave Petition (SLP) before the Supreme Court, arguing that the High Court had erred in mandating a CBI investigation as the initial investigating agency. The petition argued that there was no valid reason to bypass the state investigative agency, as required by law. The Vidhan Sabha contended that proper steps were undertaken in the appointment processes, such as issuing newspaper advertisements, conducting exams, and holding interviews.
The petition further pointed out that after the Governor’s directive in 2018, the Speaker approved the compulsory retirement of two officers in 2019. Additionally, the state government acted on a commission report by preparing an action taken report, which was subsequently accepted by the state government and presented before the Legislative Assembly.
Supreme Court’s Observation and Order
Upon considering the petition, the Supreme Court stayed the High Court’s order mandating the CBI probe. This decision delays the immediate involvement of the CBI in the investigation, pending further review.
Case Details
Case Title: The Jharkhand Vidhan Sabha v. Shiv Shankar Sharma
Case Number: SLP(C) No. 26367/2024
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