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The Central Bureau of Investigation has told Supreme Court that in the investigation conducted so far, into the case(s) concerning Anup Majee, TMC leader Vinay Mishra & Mamata Banerjee’s Nephew, Abhishek Banerjee, it is clearly discernible that officers of the Central Public Sector Undertaking, in collusion with the private persons of various areas, and in conjunction with the local officers, were illegally extracting, transporting and enabling the sale of coal.

Interestingly, the CBI has also stated that it has further come on record that the same is being carried out across more than one state in the country.

The CBI has also told Court that the object of the accused persons in the FIR is to “siphon-off the depleting natural resources for their own gain running into hundreds of crores of rupees leading to a loss of revenue to the Central Government.” In this light, CBI states that Coal is a natural resource & Coal Mine regulation in India has been specifically declared by the Parliament to be regulated by the Central Government which has been considered to be expedient in public trust in the Coal Mines (Nationalization) Act, 1973.

Further, on the question of whether CBI can proceed against the accused without State’s consent, it is contended that Delhi Special Police Establishment Act (DPSE Act) unequivocally grants power to the CBI to investigate cases such as the Illegal mining case pending against Anup Majee.

The centre’s affidavit has been filed before Supreme Court in reply to the plea filed by Anup Majee in which he has challenged an order of the Calcutta High Court, allowing CBI to investigate the case pertaining to illegal mining coal mining case.

A division bench of Justice DY Chandrachud and Justice MR Shah had directed the CBI to file its response over the issue of Investigation in FIR without the consent of the State Government.

CBI with regards to the issue of seeking the State's consent submitted that the State of West Bengal had granted consent as required under Section 5 of the DSPE Act with its August 2, 1989 notification, allowing CBI to conduct an investigation within the Territorial Jurisdiction of the State of West Bengal.

However, the same has been withdrawn through another notification of November 16, 2018. Irrespective of this the CBI said that the withdrawal has no bearing on its power to register FIR in relation to offences in "railway areas" and conduct "investigation". 
(It is pertinent to mention that the case pertains to illegal mining & transportation of coal through Railways in Asansol-Raniganj belt of West Bengal)

Pertaining to the issue of seeking consent from the State Government, CBI submitted that it is important to note that Section 6 of the DSPE Act requires consent, however, in the case of M. Balakrishna Reddy v. CBI which noted, "that for exercise of jurisdiction by the CBI in a State (other than Union Territory or Railway area), consent of the State Government is necessary."

In the above-mentioned lines CBI submitted, "as is the admitted position in the instant case, majority of the area where the offence has been committed is within the ‘Railway Areas’ in the State of West Bengal, which confers the power to the present Respondent to conduct investigation even in the absence or withdrawal of a general consent under Section 5 of the DSPE Act." 

Reply filed by CBI further informed the Supreme Court that Majee and other co-accused persons were engaged in the facilitation and conduct of illegal mining and the transportation of coal by the Railways.

On the last date, Centre was granted two weeks to file a counter in the plea(s) of TMC Leader Vinay Mishra. The cases are being heard together. Majee, Mishra & Banerjee are accused of being hand in glove with each other for the purposes of illegal coal mining in West Bengal.

Case Title: Anup Majee v. The Central Bureau of Investigation