The Jharkhand High Court in the case Rajesh Kacchap and others v. State of Jharkhand and others observed and has refused to stay proceedings against three suspended Congress legislators from Jharkhand (Irfan Ansari, Rajesh Kachchap, and Naman Bixal Kongari) who were arrested by the West Bengal Police in July 2022 after alleging that around ₹49 lakh in cash was seized from their vehicle.
The bench comprising of Justice Sanjay Kumar Dwivedi observed and has allowed the Kolkata Police to continue investigating the case, therefore, the court has asked the police not to file a charge sheet in the matter till the next date of the hearing.
It was observed that the bench has also issued notices to the Jharkhand and Bengal governments in this matter and they have been directed to file their replies by December 1.
Further, it may be noted that this order has been passed on the pleas moved by the suspended Congress legislators challenging the transfer of zero FIR registered against them [from Ranchi to West Bengal] and has urged for the quashing of the FIR.
At the outset, the High Court noted that when the cause of action is shown to have occurred in the State of Jharkhand, then why Zero FIR was required to be registered and the same was to be transferred to another State?
The court took into account the order of the Calcutta High Court, granting interim bail to the petitioners/suspended congress MLAs, wherein it was observed by the Calcutta HC that although the allegations made are that the petitioners had been arrested with unaccounted cash was in the public domain by the evening of 30.07.2022, this fact was significantly absent in the FIR which was lodged in Jharkhand, on the next day.
It was opined by the Jharkhand High Court that it was required to answer a ‘very important’ question with regard to the territorial jurisdiction of the High Court and therefore, both the Jharkhand and West Bengal governments have been called upon for filling their responses in this regard.
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