The Supreme Court on Monday deferred the hearing till March 17, on a plea filed by Anup Majee challenging the Calcutta High Court order which had permitted CBI to continue its investigation into the alleged case of illegal mining and transportation of coal in West Bengal.
The petitioner has submitted that the Chief Minister Mamata Banerjee-led government had withdrawn general consent to the agency for carrying out probes in West Bengal in November 2018, despite that the High Court had permitted the CBI.
The matter was listed today before the bench of Justice D.Y. Chandrachud and Justice M.R. Shah. The Court has listed the matter for further hearing on March 17.
Last week, the CBI filed its affidavit stating that state government consent is not required to probe the coal mining scam. The affidavit filed by the CBI through Solicitor General Tushar Mehta declared that issue of lodging FIR by CBI notwithstanding that the state’s consent had become pointless once the Calcutta HC refused to quash the FIR and took cognizance of CBI probe. The CBI is under the mandate of CVC to continue and wind up the investigation as the entire case is based on the complaint by the Eastern Coalfields Limited, he said.
The affidavit highlights that the coal-bearing areas are spread across several states in India and it is essential that the conspiracy be thoroughly probed by a national agency like the CBI. The affidavit brings out Central Vigilance Act which states the powers and functions discharged by the CVC, the commission is granted administrative autonomy, independence and insulation from external influences.
Further, it is submitted that the power under Section 8 of the CVC Act has been exercised, there can be no assertion as to the lack of consent from the relevant state.
The affidavit also submitted that doctrine of public trust would apply in the present case, the offence pertains to illegal mining, excavation and theft of coal. Furthermore, the object of the accused persons in the FIR is to siphon-off the depleting natural resources for their own gain running into hundreds of crores of rupees leading to a loss of revenue to the Central government. It is pertinent to note that Coal is a natural resource and is of significant national importance, which is held in trust by the government and the government PSUs for and on behalf of the people of India. The coal mine regulation in India has been specifically declared by the Parliament to be regulated by the central government which has been considered to be expedient in public trust in the Coal Mines (Nationalization) Act, 1973.
It is submitted that once the FIR has been lodged and the jurisdiction of the CBI qua “railway areas” is upheld, any action against the Petitioner would be incidental to the otherwise valid registration of the FIR and cannot be diminished in the manner sought to be done by the petitioner.
On the last hearing on March 10, the apex court had directed the petitioner Anup Majee to file a rejoinder to the counter affidavit which has been filed on the behalf of Central Bureau of Investigation.
The Supreme Court had issued notices to the CBI and the other respondents observing that both the state of West Bengal and petitioner were aggrieved and notices were needed to be issued to CBI and the concerned parties to hear the matter at length. However, the bench denied granting any interim relief to Majee.
The petition has been filed by Anup Majee, who is the director of a private company and named as an accused in the case lodged in November 2020 of corruption and criminal breach of trust with regard to illegal mining and pilferage of coal from the leasehold area of Eastern Coalfields Ltd (ECL) in certain parts of West Bengal.
The High Court of Calcutta had stayed the order of the single judge bench which had held that 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.
Against the order of the High Court, Majee filed an appeal before the Supreme Court contending that the CBI lacked jurisdiction to lodge a First Information Report in the case after the withdrawal of general consent by the West Bengal government in 2018.