SUSHIL KUMAR MODI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS order is being passed on the point of jurisdiction of this Bench to monitor the investigation of the AHD cases consequent upon the division of the State of Bihar under the Bihar Reorganisation Act, 2000.

(2.) BY judgment and order dated 11.3.96 this Court directed the Central Bureau of Investigation (CBI) to inquire and scrutinise all cases of excess drawals and expenditure in the Animal Husbandry Department in the State of Bihar during the period 1977 - 78 to 1995 -96 and lodge cases where the drawals are found to be fraudulent in character, and take the investigation in those cases to its logical end. The investigations by the State police already instituted were directed to remain suspended in the meantime. While upholding the judgment the Supreme Court by its order dated 19.3.96 in Civil Appeal nos. 5177 -5181 of 1996, the CBI was directed to take over the investigation of the cases already instituted by the police. To this extent the order of this Court that the cases already instituted by the State police shall remain suspended was modified. The Supreme Court also directed, to alleviate the apprehension of the State about the investigation by the CBI, that the same would be,

(3.) COPY of the said order dated 13.12.2000 has been produced for our perusal. Though the applications were apparently filed in the context of order dated 19.3.96 (supra), arguments seem to have been made on the point of transfer of cases under section 89 (1) of the Reorganisation Act. While according to CBI 52 out of 61 cases stand transferred to corresponding courts etc. in the State of Jharkhand, on behalf of some of the accused this was disputed. Their Lordships did not decide the dispute observing that section 89(2) of the Act provides a machinery to decide whenever any question arises as to whether any proceeding should stand transferred under sub -section (1) or not. It may be mentioned that a Special Bench of three Judges has since been constituted by the Chief Justice which is in seisin of the matter.