A bench of Justices JK Maheshwari and Hima Kohli was hearing a plea against a Jharkhand High Court order which had upheld the maintainability of the public interest litigation petition against Soren.
“We are keeping it open. Approach High Court and raise when it is being heard,” said Justice Maheshwari.
“We cannot look at it in the piecemeal way. High Court has already decided what we had asked them to,” Justice Kohli weighed in.
The apex court eventually adjourned the matter to be heard once the top court reopens after summer vacation.
The Jharkhand High Court had earlier directed the CBI to probe the matter after a Bench led by the High Court’s Chief Justice relied on a sealed cover report from the Enforcement Directorate (ED).
The High Court had initially rejected the State’s objection to acceptance of the sealed cover report. The Chief Justice-led Bench had directed the State to produce details of the 16 FIRs relating to an alleged MGNREGA scam, and took note of the fact that a Mining Secretary was arrested and suspended in connection with the matters.
The State had then approached the Supreme Court against the proceedings.
The top court had on May 24, directed the High Court to decide upfront the maintainability of the PILs.
The High Court on June 3 held that the proceedings are maintainable.
The State then approached the apex court against the same.
Senior Counsel Mukul Rohatgi, appearing for the State, submitted on Friday that the PIL before the High Court is politically motivated and has been filed only with the intention of destabilising the State government.
“It is only to destabilise the government. It is a politically motivated petition. Day to day hearing is happening. Don’t know what is the urgency,” Rohatgi said.
“I will inform what is the urgency. We cannot be street fighters,” responded Solicitor General Tushar Mehta.
The Court eventually posted the case for hearing before another bench once the Court reopens.
“On Mr Rohatgi’s request, List the matter upon reopening before an appropriate bench,” the order said.
Source: Barandbench
