India News | Cal HC Dismisses Pleas of Vinay Mishra in Illegal Coal Mining, Cattle Smuggling Cases

Kolkata, Jul 28 (PTI) The Calcutta High Court on Wednesday dismissed two applications by Vinay Mishra challenging proceedings relating to his alleged complicity in illegal coal mining and cattle smuggling cases pending against him before the Special Judge, CBI Court at Asansol.

Mishra's lawyers had earlier informed the court that he had left the country and renounced Indian citizenship.

Observing that there has been no illegality committed in the ongoing investigation and as such, there is no scope for interference in the continuation of the investigation, Justice Tirthankar Ghosh dismissed the applications of Mishra.

The court also dismissed a modification application by him in connection with his appearance before the CBI for questioning.

Mishra's lawyers and the West Bengal government had challenged the CBI's authority in holding investigations in the state given the withdrawal of general consent to do so by a notification dated November 16, 2018.

The court noted that the DSPE (Delhi Special Police Establishment) Act with its amendments has been restructured for facilitating/enabling the CBI to carry out investigations under the Prevention of Corruption Act.

"Withdrawal notification dated 16.11.2018 is abrupt, devoid of any reasons and has the effect of shielding corrupt Central Government Officials, thereby, deterring the CBI officers to investigate offences in respect of officers falling within the category of Section 8(2) of the CVC (Central Vigilance Commission ) Act, 2003," the court observed.

Justice Ghosh said in his order that the nature of allegations complained in the present case, the officers/accused who are involved, and the loss which has been sustained by the exchequer does not involve any interference with the powers vested in the state by the Constitution.

Dismissing the modification application, the court said that the prayer for joining investigation by virtual mode was almost a dictate imposed upon the court and setting new terms for showing him to be a bona fide person ready to cooperate with the investigation.

"The modification application, in fact, was used as a negotiating tool after obtaining an initial interim order," the court said.

Informing the court of Justice Ghosh on June 7 that Mishra is out of India, his counsel prayed for modification of an order the high court passed on April 22, wherein he was directed to be present before the CBI on May 3 and a conditional immunity from arrest was granted to him till the first week after the summer vacation of the high court if he appeared before the agency.

Mishra, who did not appear before the investigating agency as directed, later prayed that he be allowed to join the investigation through video conferencing owing to the pandemic situation, claiming that he will appear before the CBI personally after travel restrictions are eased and the pandemic situation ebbs.

Mishra prayed for protection from arrest till the disposal of his petition before the high court and cancellation of the application for a red corner notice against him with Interpol.

Mishra's counsel claimed the lack of jurisdiction of CBI to investigate within West Bengal without prior consent being obtained from the state according to the withdrawal notification.

Mishra's lawyer submitted that he was not named in the FIR and not even in the first charge-sheet submitted on February 6, 2021, and that his name transpired for the first time in the second charge-sheet which was submitted before the special court at Asansol on February 24.

Advocate General Kishore Datta, appearing for the state submitted that with the state of West Bengal having withdrawn the general consent, the CBI has no jurisdiction and authority to investigate cases in the state.

Additional Solicitor General Aman Lekhi, appearing for the CBI in the case of cattle smuggling across the border of the country, in which some BSF officials are accused, submitted that there is no illegality in the investigation and petition being misconceived is liable to be dismissed.

Additional Solicitor General Y J Dastoor, appearing for the CBI in the coal smuggling case from railway sidings at Pandaveswar in Paschim Bardhaman district of West Bengal, submitted that railway areas are within the jurisdiction of the Central government and as such, offences committed in these can be investigated by the CBI without consent from the state.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)