SHESH MUNI RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed under Article 226 of the Constitution of India for issuance of an appropriate writ(s), order(s) or direction(s) for quashing the Notification dated 7.3.2002 (Annexure 5) issued by the Secretary, Law (Justice) Department, Government of Jharkhand, Ranchi (respondent No. 2) whereby and where under the Special Court, CBI at Dumka for speedy disposal of Fodder Scam Cases has been directed to be transferred to Ranchi along with all pending cases.

(2.) IT is stated that the State Government instituted 41 cases in the beginning of the year 1996 and in the meantime, a number of writ applications in the nature of Public Interest Litigations were filed in the Patna High Court and its Ranchi Bench which were disposed of by a Division Bench judgment dated 11.3.1996 whereby the Central Bureau of Investigation (in short "the CBI") was directed to enquire and scrutinize all cases of excess withdrawals and expenditures in the department of the Animal Husbandry during the period 1977 -78 to 1995 -96. The said order was also upheld by the Supreme Court by order dated 19.3.1996, in pursuance of the said direction of the Supreme Court, the CBI registered cases by lodging first information report with regard 41 cases which were instituted by the State Police earlier and some other cases were also registered at Patna.

(3.) A counter affidavit has been filed on behalf of the High Court of Jharkhand at Ranchi through the Registrar General (respondent No. 3) claiming therein that 36 cases out of total 52 cases transferred to the territorial jurisdiction of the State of Jharkhand by the Supreme Court. By notification dated 11.6.2001 the Government of Jharkhand constituted six Special Courts at Ranchi and one at Dumka for speedy trial of AHD Scam cases but vide Letter No. 311 -J dated 6.2.2002, in the interest of the administration of State, the State Government expressed its difficulties in conducting the cases at Dumka in view of the fact that some of the accused in those cases are to be provided with Z Plus security which include the Ex -Chief Minister of Bihar and the Government is facing problem in producing these accused persons from Ranchi to Dumka and, accordingly, the State Government requested the High Court of Jharkhand that all cases of AHD Scam pertaining to Santhal Pargana Division be transferred to Ranchi.