SC permits CBI probe into Jharkhand illegal mining, but halts charge sheet filing until next hearing

New Delhi, May 3 (PTI) The Supreme Court on Friday allowed the investigation to continue in a case of illegal mining in Sahibganj district of Jharkhand but restrained the CBI from filing a charge sheet in the matter till the next date of hearing.

A bench of justices Sanjiv Khanna and Dipankar Datta sought response from the CBI on a plea of the Jharkhand government in which it has challenged the February 23 decision of the high court rejecting the plea of the state against the probe by the central agency.

"Issue notice returnable in the week commencing July 8," the bench ordered. "Investigation can continue, but the charge sheet/final report will not be filed by the CBI till the next date of hearing," it further directed.

It noted the submission of senior advocates Kapil Sibal and Arunabh Chowdhury, appearing for Jharkhand, that the high court had on August 18 last year only ordered for preliminary inquiry by the CBI.

The state government said the investigation in the case registered by the police was never handed over to the CBI and a closure report has been filed in the matter.

In an appeal filed through advocate Jayant Gupta, the Jharkhand government said that the high court had dismissed the state's petition on the ground that its coordinate bench had in August, last year directed preliminary inquiry in the case by the CBI.

"The high court overlooked a clear bar provided under section 6 of DSPE Act whereby any matter falling within the purview of the state government in this case... could have been investigated upon by the CBI only after having taken consent from the state government and in the absence of such consent the registration of FIR itself was illegal," it said. PTI