The Supreme Court on Wednesday refused to stop the ongoing investigation against former Congress minister Pramod Jain Bhaya, which directed him to cooperate in all pending cases, while issuing notice to the Rajasthan government on its petition, demanding clubbing of several firings registered against him or all such firings were abandoned.
The case was heard by a bench including Justice Vikram Nath and Justice Sandeep Mehta.
Senior Advocate Mukul Rohtgi, who appears for Bheya, pressed for an essential interim relief, while praying to stop the investigation in these “politically motivated” matters. He argued that the FIR was lodged after the 2023 Rajasthan assembly elections, allegedly to harass Bhai after his election defeat.
The FIR, he argued, is unclear, overlapping, and has been filed by politically affiliated complainants to settle the score.
From 2018 to 2023, former cabinet minister, Bhaya, for mines, petroleum and Gopalan in the third Ashok Gahlot Ministry, was selected for the Rajasthan Legislative Assembly which was three terms from Anta and Baran constituents. Representing Rajasthan, Additional Advocate General Shiv Mangal Sharma said that each FIR relates to transactions related to separate facts, complainants and crimes, from illegal mining, to issue fake leases, financial misuse and documents in connivance with different public authorities.
Sharma argued that to club these FIRs was neither legally durable nor practically viable, especially when they have been recorded at several police stations, and in many cases the investigation is in an advanced phase and cases are investigated fairly and independently.
Focusing on the state’s presentation, the Supreme Court refused to provide an interim relief to Bhaya and directed them to fully cooperate in the investigation in all the FIRs pending across Rajasthan. However, the apex court also clearly stated that no strong steps would be taken against the petitioner till the next date of hearing.
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In his petition, Bhaya challenged the May 1 decision of the Rajasthan High Court, where he dismissed his petitions for clubbing and quashing to the FIR, which provided “contradictory and legally irreversible” relief.
The High Court had noticed that the FIR included separate allegations and did not get out of the same transaction, and therefore “testing of harmony” was not satisfied. This further ruled that no garland can be considered a failure against the investigating officers without any specific petition or evidence.
The FIR against Bhai includes allegations under various provisions of the IPC, SC/ST (Prevention of Atrocities) Act, Mines and Minerals (Development and Regulation) Act, and other, registered at several police stations. SC sought a response from the state government within four weeks.
(Tagstotransite) Congress (T) Supreme Court
