The Supreme Court judgment in the Jharkhand illegal stone mining scam and the observations made by the apex court have given the BJP fresh ammunition against Chief Minister Hemant Soren.
A Bench headed by Justice Sanjay Kumar on Wednesday rejected the plea filed by the Jharkhand government. The court allowed the CBI to investigate Pankaj Mishra, a close aide of the Jharkhand Chief Minister, and file a chargesheet against Mishra and others allegedly involved in illegal stone mining in the Sahibganj district of Jharkhand.
Former Chief Minister and Jharkhand BJP president Babulal Marandi welcomed the judgment and said that the Court had strongly objected to the State government’s tendency to shield criminals.
“Hemant ji made every possible attempt to save his favourites… but he forgot that his deceit would not work before the Court. This decision of the Hon’ble Supreme Court will prove to be the final nail in the coffin of the corrupt Hemant government,” Marandi posted on X.
At the outset, the court noted that it was at a loss to understand why the Jharkhand government, headed by Hemant Soren, had filed an SLP against the Jharkhand High Court judgment ordering a CBI probe into the alleged illegal stone mining, following an FIR lodged by Bijay Hansda.
Apart from Pankaj Mishra, Hansda had named the then Sahibganj DC and IAS officer Ramniwas Yadav, the then district mining officer Bibhuti Kumar, as well as Sanjay Yadav alias Kala Sanjay, Bishnu Prasad Yadav, Pavitra Kumar Yadav, Subhash Mandal, Rajesh Yadav alias Dahu Yadav, and Bacchu Yadav.
The Supreme Court emphasised that the State, as an institution, carries obligations that transcend loyalty to the ruling party or its leadership. It underscored that governance is a “continuum”, and State authorities must act independently of political influence.
The apex court remarked that a State is an ongoing entity with a responsibility to uphold law and order, and its commitment cannot be restricted to protecting the Chief Minister of the day or those close to him. “That is not how a State governed by the rule of law functions,” the court stated.
“We are of the opinion that the State of Jharkhand cannot seek to support the accused in the FIR registered by the CBI. The inaction on its part… does not inspire confidence, and once the CBI stepped into the picture pursuant to the High Court’s order, the State cannot object to the investigation or seek to protect the accused in relation to the alleged illegal mining activities,” the judgment observed.
“It is a black-and-white case of illegal stone mining under the care and protection of the Hemant Soren government. The Chief Minister’s close aide is involved. The Court’s judgment is very categorical and unambiguous, leaving no doubt that the State government protected the accused, scuttled the probe, and tried to prevent the CBI from investigating the case,” Jharkhand BJP spokesperson Pradeep Sinha said.
Throughout the hearing, Justice Kumar repeatedly questioned why the State appeared intent on shielding those accused of participating in the mining scam, whether they were friends or family members of the Chief Minister.
The apex court noted that the Jharkhand government had failed to lodge an FIR for nearly five months in 2022, despite a Magistrate’s explicit direction to do so.
The order stated that the State’s failure to act on the Magistrate’s February 7, 2022, directive “does not inspire confidence. Once the High Court ordered a CBI investigation on February 23, 2024, the State “cannot now question the enquiry or attempt to shield the accused”.
The Bench also observed that the original complainant, Bijay Hansda, had been “forced to withdraw” his allegations of illegal mining. The High Court, however, refused to permit the withdrawal and noted that the State had not even clarified whether any real investigation was underway.
The Court held that Jharkhand cannot oppose the CBI’s investigation, especially given its own lack of action.
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