Rajesh Kumar vs The State of Jharkhand and Others

This Public Interest Litigation relates to the land scam. Prayer has been made for referring the matter to the Central Bureau of Investigation for proper investigation since about 400 acres of non-transferable land of poor Adivasis have been transferred at the instance of the Officers of the State of Jharkhand.

It has also been brought to our notice that F.I.R. to that effect was lodged as far back as in 2000-02 but till date investigation has not been completed.

The matter was heard on 21.8.2009 and this Court passed the following order;

By filing this Public interest Litigation, prayer has been made for referring the matter to the Central Bureau of Investigation for proper investigation in respect of transfer of about 400 acres of non-trassferable land of poor Adivasis on the ground that the State Agency has not even completed the investigation on the basis of F.I.R. lodged against the erring officers as for back as in 2000-2002 save and except charge-sheet has been submitted against the lowest rank officer namely Karamchari and Circle Inspector and the Gangsters of the scam are moving freely and they are getting revenue from the Government.

By the order dated 14.05.2009 passed by a Bench presided over by Hon''ble the Chief Justice and Hon''ble Mr. Justice D.K. Sinha the Respondent-State was directed to furnish the name of the Investigating Officers who were entruaed with the investigation relating to F.I.R. Nos. 25/2000, 26/2000 and 33/2002.

In the counter-affidavit filed by the Respondent No. 3 Additional Superintendent of Police, Vigilance Bureau, jharkhand on 14.05.2009, it is slated in paragraph No. 7 that after the institution of the F.I.R. in the aforesaid Vigilance cases, the Vigilance Bureau, Ranchi has properly investigated the matter and sanctioned for prosecution has been sought against some of the lowest rank officers against whom charge-sheet has been submitted. In paragraph No. 15 it is stated that the Vigilance P.S. Case No. 26/2000 and 33/2002 were instituted against several persons including the Government servant with respect to the illegal site of Gairmazarua land and charge-sheet has been submitted against three persons only who are lowest rank officers.

In the supplementary counter-affidavit the list of the Investigating Officers have been furnished, who are of the rank of Deputy Superintendent of Police and Assistant Superintendent of Police. It is stated that out of 108 accused persons only three persons have been charge-sheeted, one is dead and the rest accused persons are absconding.

In the affidavit it is stated that during investigation several requests were made to the revenue authorities concerned to make available the relevant revenue records which are of great evidentiary value in this case but the revenue records have not been made available till date.

In the facts and circumstances of the case, we pass the following order:

(i) We direct the Investigation Officer to complete the investigation and submit charge-sheet within a period of three months front today.

(ii) After the submission of the charge-sheet necessary sanction for prosecution shall be obtained within a month thereafter.

(iii) The Investigation Officer shall file affidavit and inform this Court, the name of the officers of the Revenue Department and other Departments, who are in control of the records and who are not making those record available to the Investigating Agency. This affidavit must be filed with three weeks from today.

Put up this case on 14th September, 2009 to enable the Investigating Agency in file their separate affidavits before this Court.

Let a copy of this order be handed over to learned J.C. to learned Advocate General.

Today, affidavits have been filed by six Investigating Officers.

Mr. P.K. Prasad, learned Advocate General submitted that in only affidavit filed by one Investigating Officer, it has been stated that the revenue record so demanded have been received. In other affidavits, it has been staled that in spite of repeated letters and reminders sent to the Officers of the Revenue Department including the Deputy Commissioner and the Additional Collector, Ranchi and Circle Officers, Ranchi and Kanke Circle, documents have not been handed over to the Investigating Agency.

It is a matter of great concern that more than 7 years have passed but till date investigation has not been concluded because of non-cooperating attitude of the Officers of the Revenue Department. We, therefore, direct the Revenue Secretary, Deputy Commissioner, Circle Officer of Ranchi and Circle Officer of Kanke to appear in person before this Court tomorrow (17.9.2009) at 10:30 a.m. to explain as to for what reason documents have not been handed over to the Investigating Agency.

Let a copy of this order be handed over to the learned Advocate General.