The Punjab and Haryana High Court has ordered a CBI inquiry into the filing of a writ petition alleging illegal mining in Mahendergarh district and a subsequent attempt to withdraw it, observing that both developments appeared “highly suspect”.
A Division Bench comprising Justice Ashwani Kumar Mishra and Justice Rohit Kapoor was informed that the CBI had already instituted a preliminary inquiry and undertaken to submit its report within three months. “Let that be done,” the Bench observed while fixing the matter for further hearing on August 11.
The court had earlier directed the CBI Deputy Director to examine the genuineness of the petition filed by Ashok and the circumstances surrounding his attempt to withdraw it. The agency was also asked to investigate the role of Satpal Singh, who appeared with the petitioner in court. A copy of the order was directed to be sent to the office of Additional Solicitor General of India Satya Pal Jain.
The petition alleged illegal mining in Bakhrija village of Mahendergarh district in violation of the mining plan, environmental clearance conditions and statutory rules. It sought compensation from a private respondent and directions to prevent mining activity within 250 metres of the petitioner’s residence.
The Bench noted that when the matter came up on March 27, time was granted to the state to obtain instructions. The court was informed that issues raised in the petition were similar to those already under consideration in the pending case of M/s Dharampal Stone Crusher and others versus state of Haryana and others.
On April 16, an assisting counsel informed the court that the petitioner no longer wished to pursue the case and wanted to withdraw it. Unconvinced by the reasons cited, the Bench directed the petitioner to appear in person.
During the hearing, Ashok stated that he was illiterate and could neither explain why the petition had been filed nor why it was being withdrawn. The court also recorded that he 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.”
The Bench further noted that Satpal Singh, who claimed to be a driver from Narnaul, failed to satisfactorily explain his association with the petitioner. It also pointed to discrepancies in signatures, observing that the vakalatnama bore Hindi signatures while the writ petition carried signatures in English.
“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,” the court observed. It added that “somebody else is acting through the petitioner, and his signatures prima facie have been forged in the writ petition.”
Emphasising the need to protect the integrity of judicial proceedings, the Bench said it could not approve of “filing of fictitious writs by unknown persons through strangers for oblique motives and then withdrawing it after the purpose is served.” It added: “Proceedings before this court cannot be taken for a ride. We are therefore compelled to issue these directions in order to ascertain correct facts.”
