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A Supreme Court bench of Justices J.K.Maheshwari and Hima Kohli today adjourned the Jharkhand Government's plea challenging the Jharkhand High Court order stating that the Public Interest Litigation filed against the Chief Minister of Jharkhand over the issue of money laundering is maintainable.
The Apex Court remarked that the government should ideally approach it once the final judgment in the case is pronounced as opposed to challenging orders in a piecemeal manner.
The Special Leave Petition has been filed by the Government against the High Court order passed in a PIL filed against the Chief Minister of Jharkhand Hemant Soren raising the issue of money laundering through several shell companies owned by Soren.
Appearing for Jharkhand Mukul Rohatgi, Sr.Adv questioned the credibility of the PIL petitioner. He said, "the petitioner has a political motive." Rohatgi argued that the PIL petitioner claims to be a businessman and the High Court without ascertaining this person’s credentials has passed an order.
Rohatgi highlighted that it is mandatory on High Court's part to examine a PIL petitioner’s credentials based on the declaration given by him while filing the plea. He further told the court that the High Court is hearing the matter on a day-to-day basis even though there is no urgency in the plea.
Solicitor General Tushar Mehta appeared for one of the respondents and informed the court that he will explain the urgency in the plea. Court however opined that they are not inclined to grant any interim relief now and advised the State of Jharkhand to challenge the final judgment of the High Court as opposed to coming in an appeal against interim orders.
Rohatgi at this point asked the court to adjourn the matter to a date after vacation before the appropriate bench. Court accordingly adjourned the case.
A Jharkhand High Court bench of Chief Justice Ravi Ranjan and Justice Sujit Narayan Prasad had held the PIL maintainable after the direction of the Apex Court, wherein a bench of Justice DY Chandrachud and Justice Bela M Trivedi had directed it to consider the issue of maintainability first.
The Top Court bench has issued the direction on an application filed by the Government challenging the PIL filed by Shiv Shankar Sharma against the alleged shell companies owned by Chief Minister Hemant Soren on the ground of maintainability of the plea.
Case Title: State of Jharkhand Vs. Shiv Shankar Sharma and Ors.
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