High Court Jharkhand High Court

Citizens’ Cause, Ranchi vs State Of Jharkhand & Ors on 20 June, 2011

Jharkhand High Court
Citizens’ Cause, Ranchi vs State Of Jharkhand & Ors on 20 June, 2011
IN THE HIGH COURT OF JHARKHAND AT RANCHI
            W.P. (PIL) No. 858 of 2009

Citzens' Cause                   ...      ...   ...     Petitioner
                       Versus
The State of Jharkhand & Others.....            .....   Respondents
                       -------
CORAM:      HON'BLE THE ACTING CHIEF JUSTICE
             HON'BLE MRS. JUSTICE JAYA ROY
               ------
For the Petitioner     :         M/s M.S. Anwar, Sr. Adv., A. Ahmad,
For the Res.-State     :         Mr. A.K. Sinha, A.G.

Order No.28                      ------         Dated 20th June, 2011

As back as on 5.10.2009, after taking notice of the reliefs

claimed by the writ petitioner in regard to non-grant of sanction

and disposal of the applications for sanction for prosecution by

the Vigilance Bureau of the Government of Jharkhand and after

taking into account the counter affidavit filed by the Vigilance

Bureau through the Deputy Superintendent of Police, it was

ordered that matter be listed on 30.10.2009 with a direction to

the concerned authorities of the State to dispose of all the

pending cases and thereafter several orders have been passed

and this Court has shown its displeasure for not taking action in

the matter of grant of sanction for prosecution given in the

matter where cases were relating to the Prevention of Corruption

Act. Counter Affidavits were filed which were not found to be

very satisfactory.

At this juncture, this Court takes notice of the fact that

Jharkhand High Court, by its letter dated 10.06.2011, sent

information to the Inspector General (Vigilance), Government of

Jharkhand, Ranchi intimating that total 21 cases are pending

before the Special Judge, Vigilance, Ranchi awaiting sanction

which includes the cases of the year 1992 onwards and up-to

2009. The Inspector General (Vigilance) also was intimated about
the details of the cases under the Prevention of Corruption Act

pending in the Court of Special Judge, Vigilance, Ranchi awaiting

the charge-sheet or final report and it is very shocking that cases

of even of the year 1983, 1987 and onwards of several years are

pending awaiting result of investigation and total number of such

cases are 88. The facts are shocking and also examples as to

how the prosecution is proceeding as well as with respect to

governance of the prosecuting persons and of State

administration in imparting criminal justice and burdening the

Court to make the cases older. Therefore, a copy of the letter

dated 10th June, 2011 along with the list of cases be supplied to

the learned Advocate General in course of the day.

Learned Advocate General assures the Court that he will

inquire into the matter and will be filing a detailed status report.

The Advocate General may file the status report by 27.06.2011.

Put up this case on 27.06.2011.

The letter dated 10.06.2011 along with the list of cases

referred is taken on record.

(Prakash Tatia, A.C J)

(Jaya Roy, J)

Dey/-Alankar/-