RANCHI: Expressing displeasure over the Interlocutory Application (IA) filed by Jharkhand Government with a plea to defer the hearing on PILs seeking probe against CM Hemant Soren after the advocates appearing in the case have tested positive for COVID-19, the Jharkhand High Court asked why it is running away from hearing.
The division bench of Chief Justice Dr Ravi Ranjan and Justice SN Prasad asked if the matter could be argued in the Supreme Court, why it could not be heard in the Jharkhand High Court?
The Court also observed that the state government is behaving as if it is adversary litigation, which should not happen. "Why is the state government seeking time again? Instead, it should voluntarily investigate the matter," it said.
Earlier, the Court asked whether any hearing took place in Supreme Court on Friday and who appeared on behalf of the State Government. Additional Advocate General (AAG) Ashutosh Anand informed that the Senior Advocate Mukul Rohtagi appeared on behalf of the State Government.
The Court then asked why they did not make any alternate arrangement for the High Court when they were told during the last hearing that the Court will look into the matter on the next date, as maintainability in the matter has already been decided as per the directions of the Supreme Court.
“The State Government is trying to delay the case by refraining from defending itself in the Court. Why they are adamant on making only a particular advocate appear on behalf of it, given the fact that it has a battery of advocates,” the Court observed.
Additional Solicitor General SV Raju appearing on behalf of Enforcement Directorate said that the matter has been deferred till June 23.
“The Jharkhand Government citied two reasons for adjournment, firstly, they said that both the advocates, Supreme Court Advocate Kapil Sibal and Advocate General Rajeev Ranjan, appearing on its behalf of it, have been tested positive for COVID-19, and secondly, the matter is pending in the Supreme Court.
Therefore, the matter should be deferred,” said the Additional Solicitor General. The matter has been deferred till next Friday on June 23 which will be heard in virtual mode, he added.
Meanwhile, petitioner’s advocate Rajiv Kumar submitted that the Apex Court was not inclined to entertain the SLP, and hence, the State Government deferred the matter again seeking time due to which it has been adjourned till next month after summer vacation. Since, no stay order has been passed in the Supreme Court, why the matter could not be continued in the High Court, he questioned.