SHILLONG: The division bench of the High Court of Meghalaya on Thursday dismissed the writ appeal to hand over the education scam to CBI even as petitioner Agnes Kharshiing decided to move the Supreme Court.
During the hearing on Monday, the division bench examined the contention of the petitioner that the case pending in the apex court was different from that filed before the High Court.
However, the division bench observed that it was difficult to say the subject-matter of the Special Leave Petition (SLP) pending before the Supreme Court and that involved in the FIR lodged by the appellant were distinct or different.
“On the contrary, it is evident that the matter involved in the FIR is fundamentally concerning the same subject-matter which is involved in the SLP before the Supreme Court,” the court said. According to the division bench, in the given set of facts and circumstances, the Single Judge cannot be faulted in declining to exercise writ jurisdiction in the matter.
“In view of the above, we are not inclined to entertain this intra court appeal. The appeal is therefore dismissed summarily,” the Court observed.
However, in the circumstances of the case, the division bench made it clear that they have not pronounced on the merits of the contentions sought to be urged by the appellant on her prayer for transfer of investigation to CBI “and the parties are otherwise at liberty to take recourse to appropriate remedies in accordance with law”.
