- (1.) Reference may be made to the order dated 16.9.2009 which reads as under : This Public Interest Litigation relates to the land scam. Prayer has been made for referring the matter to the Central Bureau of Investigation for proper investigation since about 400 acres of non-transferable land of poor adivasis have been transferred at the instance of the Officers of the State of Jharkhand.
(2.) It has also been brought to our notice that FIR to that effect was lodged as far back as in 2000-02 but till date investigation has not been completed.
(3.) The matter was heard on 21.8.2009 and this Court passed the following order : "By filing this Public Interest Litigation prayer has been made for referring the matter to the Central Bureau of Investigation for proper investigation in respect of transfer of about 400 acres of non-transferable land of poor advasis on the ground that the State Agency has not even completed the investigation on the basis of FIR lodged against the erring officers as far back as in 2000-2002 save and except charge-sheet has been submitted against the lowest rank officer namely Karamchari and Circle Inspector and the Gangsters of the scam are moving freely and they are getting revenue from the Government. By the order dated 14.5.2009 passed by a Bench presided over by Hon'ble the Chief Justice and Hon'ble Mr. Justice D.K. Sinha the respondent-State was directed to furnish the name of the Investigating Officers who were entrusted with the investigation relating to FIR Nos. 25/2000, 26/2000 and 33/2002. In the counter-affidavit filed by the respondent No. 3 Additional Superintendent of Police, Vigilance Bureau, Jharkhand on 14.5.2009, it is stated in paragraph No. 7 that after the institution of the FIR in the aforesaid Vigilance cases, the Vigilance Bureau, Ranchi has properly investigated the matter and sanctioned for prosecution has been sought against some of the lowest rank officers against whom charge-sheet has been submitted. In paragraph No. 15 it is stated that the Vigilance P.S. Case Nos. 26/2000 and 33/2002 were instituted against several persons including the Government servant with respect to the illegal sale of Gair-mazama land and charge-sheet has been submitted against three persons only who are lowest rank officers. In the supplementary counter-affidavit the list of the Investigating Officers have been furnished, who are of the rank of Deputy Superintendent of Police and Assistant Superintendent of Police. It is stated that out of 108 accused persons only three persons have been charge-sheeted, one is dead and the rest accused persons are absconding. In the affidavit it is stated that during investigation several requests were made to the revenue authorities concerned to make available the relevant revenue records which are of great evidentiary value in this cases but the revenue records have not been made available till date. In the facts and circumstances of the case, we pass the following order : (i) We direct the Investigation Officer to complete the investigation and submit change-sheet within a period of three months from today. (ii) After the submission of the charge-sheet necessary sanction for prosecution shall be obtained within a month thereafter. (iii) The Investigation Officer shall file affidavit and inform this Court, the name of the officers of the Revenue Department and other Departments who are in control of the records and who are not making those records available to the Investigating Agency. This affidavit must be filed within three weeks from today. Put up this case on 14th September, 2009 to enable the Investigating Agency to file their separate affidavits before this Court. Let a copy of this order be handed over to learned J.C. to learned Advocate General." Today, affidavits have been filed by six Investigating Officers.;