PANJIM: It’s been a decade of mining activity’s closure amid failed attempt to resume once. Goa has witnessed the many twists and turns in the once-rich mining sector. Here’s another crucial challenge for all the authorities, particularly the Special Investigation Team (SIT) of Goa Police probing the multi-crore mining scam.
A Special Court that holds trial of these cases does not have the power to prosecute an accused booked under other Acts such as Indian Penal Code or Prevention of Corruption Act, but only Mines and Minerals (Development and Regulations) Act.
In that case, Herald has learnt through credible sources, the accused are discharged in the case. Unfortunately, such cases cannot be re-investigated, although there exists, a provision in the Indian Law for reinvestigation of Discharged Cases.
Soon after coming to power in 2012, the BJP-government led by former Chief Minister late Manohar Parrikar banned iron ore mining through an order dated September 10, 2012 citing rampant and illegal extraction of the ore. It threw the mining sector into turmoil and the business came to a screeching halt. The closure was a result of a high profile report prepared by Justice Shah Commission and Public Accounts Committee report that pointed out to massive illegality and irregularity into the mining operations during the previous years.
Then came in a new development, a series of criminal and corruption cases began to be filed from August 2013 after which the government constituted an SIT to exclusively handle mining-related offences.
The investigators made several arrests while many were summoned for questioning and quite a few rushed to the court seeking anticipatory bail. The chaos was all over with the issue grabbing national and international headlines.
But as the matter is sub-judice with 80 per cent cases in the court on different stages of the trial, nearly all the political parties left no stone unturned to woo their voters in the just-held General Assembly elections on February 14. A slew of promises such as resumption of mining within a certain time frame on coming to power, generating revenue through legal operations to even questioning recovery of the allegedly looted amount, etc. The mining issue became a centre of all debates.
While investigations into two cases are still underway, eight cases have so far been charge sheeted.
In 8 out of 16 cases, the SIT arrested 29 persons while two accused were booked in more than one case. Of 16 cases, some of which were transferred from police stations, two cases were finalised as “A” and “C” Summary after conducting the probe while three cases were sent back to the concerned police stations for, they were “petty cases”.
The First Information Report in one case, which had former MLA late Jitendra Deshprabhu as accused, was quashed by the Judicial Magistrate First Class. Want of jurisdiction was the reason.
Out of the bunch of arrestees that included politicians, government officials and private players, Prasanna Ghotge was arrested maximum three times in separate cases against him and others.
In one case against him, the High Court of Bombay at Goa quashed the charge sheet against Ghotge since there was another crime registered at Raipur Police Station in Chattishgarh. The 2011’s case was charge sheeted in the same year within three months of investigation in November.
In these years of allegations and counter allegations, the government reports indicting firms/leases holders/individual persons for the crime, arrests and bail; nothing much has changed except that trials and investigations are underway. In the two cases pending investigation, several dozen mining leases are being investigated.
However, with the new revelation that none have spoken about so far, efforts by the police and Mines and Geology Department officials might go down the drain if the court cannot act to certain laws.
Sources said that the Mining Department, has been simultaneously carrying out investigations have been taking action against the violators.
“The department issues show case notices to the violating firms and individuals for illegal mining activities. The violators pay the fine, which is minimal,” he said.
