(1.) Heard Mr. S. Nagamuthhu, learned Senior Counsel for the petitioner and Mr. Anil Kumar, learned Additional Solicitor General of India for the Central Bureau of Investigation.
(2.) The petitioner is an accused in connection with RC-02A/2023-D, corresponding to RC No. 2182023A0002/ CBI/ AC-III/ New Delhi, registered for the offences u/s 120B of the Indian Penal Code read with Sec. 8 of the Prevention of Corruption Act, 1988 and Sec. 182 of the Indian Penal Code.
(3.) This Court in its order dtd. 30/11/2022 passed in W.P.(Cr.) No. 517 of 2022 filed by the petitioner had directed the CBI to conduct a Preliminary Enquiry into the conduct of the petitioner in scandalizing the judiciary, ED officials and other Government officials. It has been alleged in the Enquiry Report that on 10/10/2021, W.P.(PIL) No. 4290 of 2021 was filed by Sri Shiv Shankar Sharma through advocate Rajeev Kumar before this Court wherein it has surfaced that the petitioner amongst others were involved in the laundering of ill-gotten money from Sri Hemant Soren, the Chief Minister, Jharkhand and others through various shell companies. It has been alleged that another Public Interest Litigation being W.P.(PIL) No. 1727/2022 was filed against Sri Hemant Soren and Smt. Pooja Singhal relating to Mining Lease acquired by Sri Hemant Soren, Chief Minister of Jharkhand-cum-Minister of Mines and Industries and Transport Department and he had obtained environmental clearance for the new lease. The enquiry revealed that in the month of March, 2022 an attempt was made by the petitioner through the Deputy Commissioner, Ranchi to influence Sri Rajeev Kumar in connection with the said Public Interest Litigation. It has also been alleged that in the enquiry it came to light that based on the complaint of the petitioner, the Hare Street Police Station, Kolkata had registered FIR No. 222/2022 against Sri Rajeev Kumar and Sri Shiv Shankar Sharma with respect to the aforesaid allegations u/s 7A of the Prevention of Corruption Act, 1988 and Sec. 120B of the IPC read with Sec. 384 of the IPC. It has also come in course of enquiry that the petitioner had called the counsel Sri Rajiv Kumar from Ranchi to Kolkata, firstly on 13/7/2022 and, thereafter on 31/7/2022 through one of his known persons Sri Sonu Agarwal and induced him to take financial benefits for getting the said Public Interest Litigation dismissed. The conversation between the petitioner and Sri Rajeev Kumar was recorded by the petitioner on both occasions. The enquiry also revealed that the petitioner had induced the counsel of Sri Shiv Shankar Sharma to use his good contact with Judges and get the Public Interest Litigation dismissed and offered them money and also enquired about the amount of money required for the same. The enquiry further revealed that when the petitioner called the counsel to Kolkata on 31/7/2022, he had handed over Rs.50,00,000.00and got him trapped by the Kolkata Police. The enquiry also revealed that FIR No. 222/2022 was registered by Hare Street Police Station on the basis of the complaint of the petitioner even without mentioning the name of any public servant or unknown public servants before invoking the provisions of the Prevention of Corruption Act, 1988. The information provided to the Hare Street Police Station was false and bribe was given to the counsel by alluring him with an intention to interfere in the judicial process.