The Punjab and Haryana High Court has directed the Central Bureau of Investigation (CBI) to conduct an inquiry into the filing of a writ petition that accused individuals of engaging in illegal mining activities in Mahendergarh district. The court also scrutinized the subsequent move to withdraw the petition, labeling both developments as "highly suspect." The Division Bench, comprising Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, issued the order after noting irregularities in the case.
Details of the Case
The petition, filed by a petitioner named Ashok, alleged that illegal mining was taking place in Bakhrija village, Mahendergarh, in violation of the approved mining plan, environmental clearance certificate, and statutory regulations. The petitioner sought compensation from the private respondent and demanded a halt to mining activities within a 250-meter radius of his residence. The petition also referenced an interim order passed by the High Court on January 31 in a related case concerning illegal mining.
Court's Observations
During the proceedings, the court noted that when the petition was first heard on March 27, the state was granted time to seek instructions. It was also brought to the court's attention that the issues raised in the petition were similar to those in a pending case, M/s Dharampal Stone Crusher and others versus State of Haryana and others. Subsequently, on April 16, an assisting counsel appeared and informed the court that the petitioner wished to withdraw the petition. However, the court expressed dissatisfaction with the reasons provided for the withdrawal and directed the petitioner to appear in person.
When the petitioner appeared, he claimed to be illiterate and was unable to explain why the petition was filed or why he wanted to withdraw it. The court observed that a new counsel had entered the case with a no-objection from the previous counsel. The Bench remarked that the petitioner was "absolutely clueless about the cause which he has raised in the writ petition, nor is he aware as to how the petition has been prepared and drafted."
Role of Satpal Singh
The court also examined the role of Satpal Singh, who accompanied the petitioner and claimed to be a driver from Narnaul. The Bench noted that Singh was evasive about his association with the petitioner. Additionally, discrepancies were found in the signatures: the vakalatnama bore signatures in Hindi, while the writ petition had signatures in English. Given the petitioner's claim of illiteracy, the court found this suspicious.
Court's Directive
The High Court asserted that both the filing and the attempted withdrawal of the petition appeared "highly suspect." The Bench emphasized that the allegations of illegal mining were serious and similar to those previously addressed by the court in a detailed 61-paragraph order on January 31. The court stated, "The manner in which the petition has been filed and subsequently the petitioner has come forward to withdraw it, raises a serious doubt with regard to the genuineness of filing of the writ petition by the present petitioner and his subsequent attempt to withdraw it. It appears that somebody else is acting through the petitioner, and his signatures prima facie have been forged in the writ petition."
The Bench directed the CBI Deputy Director to inquire into the genuineness of the petition's filing and the withdrawal attempt. The CBI has already initiated a preliminary inquiry and is expected to submit a report within three months. The court also ordered that a copy of the order be sent to the office of the Additional Solicitor General of India, Satya Pal Jain. The case is scheduled for further hearing on August 11.
The court concluded that such fictitious writs, filed by unknown persons through intermediaries for ulterior motives and later withdrawn after achieving their purpose, cannot be tolerated. "Proceedings before this Court cannot be taken for a ride. We are therefore compelled to issue these directions in order to ascertain correct facts," the Bench added.
