SHWETA KAMAT
PANJIM: The BJP-led government’s decision to file the multi-million dollar illegal mining scam case, involving senior politicians and major mining firms before the Lokayukta, is turning out to be mere ‘eye-wash’. Two-and-a-half years down the line, the ombudsman body claims the case is ‘not before them at present’.
The State government’s delay or lack of interest to provide a clarification sought on the illegal mining complaint, as directed by the anti-corruption agency, in October 2013, has left the Lokayukta office to put on record that the case is not before them at present.
“After the first Lokayukta had left (resigned), the office had sent back the paper (related to illegal mining case) to government seeking some clarification that has not come yet. So there is nothing related to mining before the Lokayukta at present,” Lokayukta Justice (retd) P K Misra told Herald.
“The file is also not physically here, it has gone back to the government. In case they don’t revert then there is no case before Lokayukta,” he added
Justice Misra also brought up Section 10 of the Goa Lokayukta Act 2011 that does not allow the ombudsman body to undertake any investigation that has already been probed under the Commission of Inquiry Act, 1952 (Central Act 60 of 1952). The illegal mining case filed before this office was based on Justice M B Commission of Inquiry into illegal mining in Goa.
“Moreover, one has to see the effect of section 10 of the Goa Lokayukta act that says any matter which has been referred under commission of inquiry cannot come under the Lokayukta’s purview. Here there is Shah Commission involvement,” Misra clarified.
Directorate of Mines and Geology (DMG) had filed a complaint before the Goa Lokayukta and Crime Branch pertaining to illegal mining in Goa. The complaint which does not name anyone is based on the findings of Justice M B Shah Commission, State government Public Accounts Committee (PAC) and Central Empowered Committee (CEC).
The anti-corruption agency was asked to investigate the civil liabilities incurred due to the scam, allegedly undertaken during Former Congress Chief Minister Digambar Kamat’s government. The civil liabilities of the illegal mining include the loss to the State exchequer, loss to the environment, encroachment outside the mining leases and others.
While the complaint was filed in July of 2013, in October, the State’s first Lokayukta Justice (retd) Sudarshan Reddy resigned. Just before his resignation, he had sought a clarification from the government on the matter, especially related to section 10 of the Act. Pending clarification, the complaint was not even registered by the office.
“The then Lokayukta, at his own level, had sought some clarification from the government. Post his resignation and since the complaint was voluminous in nature, the file was sent back to the department, directing to submit the reply within a month,” a senior official said.
Justice Shah, in his report on illegal mining in Goa from 2007-2011, had pegged the mining scam to be worth Rs 35,000 crore and had demanded an inquiry against all those involved in the scam including politicians, officials and mine owners.
