State is a ‘continuum’ with commitments beyond pleasing the party or leader of the day: Supreme Court

Delhi: The Supreme Court on Wednesday (December 10, 2025) said that the commitment of the State and its agencies extends beyond loyalty to the political party in power or the leader of the day. Justice Sanjay Kumar, heading the Bench, stressed that the State is a “continuum”.

The court made these observations while dismissing Jharkhand’s petition challenging the High Court’s order for a CBI probe into an illegal mining case allegedly linked to Chief Minister Hemant Soren. The Jharkhand government had argued that its prior consent for a CBI investigation had not been taken.

Justice Kumar questioned why the State appeared intent on protecting the accused.
“Why did the State come here to protect alleged illegal mining, be it by the friends or family of the Chief Minister?” he asked multiple times.

The State counsel said they were only objecting to the transfer of the case to the CBI. But the Bench pointed to the five-month delay in registering the FIR in 2022 despite a Magistrate’s order.

Justice Kumar observed: “A state is a continuum… You do not just try to commit yourselves to the Chief Minister of the day; protect his family, his aides, his supporters at all costs, knowing that investigation is taking place against them.”

The court held that “the State of Jharkhand cannot seek to support the accused against the CBI FIR”, noting that its inaction after the Magistrate’s order of February 7, 2022 “does not inspire confidence”.

The Bench also noted that complainant Bijay Hansda was ‘forced to withdraw’ his allegations, though the High Court did not allow the withdrawal. The High Court had recorded that the State did not even disclose whether any investigation was underway.

It found that all the State had done was assign a technical cell to probe the writ petitioner’s mobile number. Given the circumstances, the High Court ordered a CBI preliminary enquiry into both the conduct of the writ petitioner and the accused persons.

The CBI FIR, based on Hansda’s allegations, named Bishnu Prasad Yadav, Pavitra Kumar Yadav, Rajesh Yadav, Sanjay Yadav, Bacha Yadav, Sudhesh Mandal and Pankaj Mishra, accused of running a “large-scale mining scam in Sahibganj” and being “close associates of Hemant Soren” involved in illegal stone mining in collusion with State officials.

Calling the petition “utterly misconceived”, the Supreme Court dismissed Jharkhand’s challenge

(Courtsey: The Hindu)