Sample this extract from the order: “Only an ostrich with its head deeply buried in the pristine sand of Arabian Sea can say that the overnight renewals affected at a speed faster than that of the fastest jaguar or cheetah, as was done during January 5 to January 12, 2015 and particularly on January 12, 2015 itself, had been routinely done in course of official transactions without any iota of any malafide intention.”
This is a clear indictment of the manner in which the then government acted in granting the second renewals to the mining leases that allowed them to operate. The decision has already been held illegal by the Supreme Court, but the State has not acted against any of those who decided on the second renewals. Instead it has been making attempts to restart mining operations, since the Supreme Court has stopped operations. It is this reason, of no action being taken on those who were involved in the second renewals, that the matter was placed before the Lokayukta for a recommendation. And hence the order that puts the government on the mat.
It is also clear that the Lokayukta Justice P K Misra wants justice to be done, and not just seem to be done. Here is another extract from the order: “There is an unfortunate tendency in many organisations now a days to protect the privileged and the powerful and the ACB of Goa government is no exception to such disturbing phenomenon. This institution has experienced in the past that the ACB of government of Goa is most reluctant to launch prosecution when influential political persons or public servants are involved. In several cases, ACB failed to even register FIR when the allegations of bribery had been made against public servants and has been most slow and lackadisical in its approach in investigating matters involving influential persons.” And then the Lokayukta recommended that the case be handed over to Crime Branch for investigation after the FIR is filed.
The Lokayukta has been especially strict on the government, an indication of how it feels about the illegalites involved in the case. It has recommended the FIR for criminal conspiracy, it has sought that the case be stransferred to Crime Branch and it has even declared that former Mines Secretary Pawan Kuman Sain and ex-Mines Director Prasanna Acharya are unfit to hold the office they currently hold. The question now is how soon will the government act on the directions of the Lokayukata. Or, will it even act in this matter? The institution of the Lokayukta is an ombudsman whose directions are entirely recommendatory. It is for the government to accept the report and act on it or to shelve it.
The government acted in much haste to get the second renewals cleared so that operations could begin on the mining leases. It has acted very slowly in taking any action in taking any action against any mining firms, officers against whom there are cases filed. It has also been especially tardy in recovering any of the losses that have been caused to Goa due to illegal mining. More time has been spent on the debate of quantifying the loss, than on recovering it. Will this tardiness be repeated when acting on the Lokayukta’s recommendations? If the government wants to reassure the people that it means business in acting against illegalities, than it has to act in this case. The quicker it does, the better for the State and for the sector that is at a standstill.
