Team Herald
PANJIM: The Supreme Court has quashed and set aside the 2013 order of the High Court of Bombay at Goa directing filing of criminal cases against mine owners for alleged illegal mining in the State.
While hearing a petition filed by Kashinath Shetye, the High Court by an order dated March 22, 2013 had directed the State government to register FIR against mine owners, who were allegedly involved in illegal mining in the State including the leases of the mines and all those who permitted such illegal mining of iron ore and manganese ore in contravention of various statutory provisions. The directions were issued on the basis of report of Justice Shah Commission.
Following this, mine owner Dr Prafulla Hede approached the Supreme Court challenging the High Court order and obtained a stay from three-member Bench comprising then Chief Justice Altamas Kabir, Justice Vikramajit Sen and Justice Anil Dave. Subsequently, Dr Hede was also granted anticipatory bail.
The Supreme Court Bench comprising Justice B R Gavai and Justice Vikram Nath observed that such an omnibus direction by the High Court against a number of persons without giving them an opportunity of being heard would not be sustainable and set aside the order.
Adv Gopal Shankar Narayan, Bhavanishankar Gadnis and adv Vinayagam Balan argued one behalf of Dr Hede and senior advocate Collin Gonsalves while Additional Solicitor General Aishwarya Bhatti represented the Union government. The State government, who was also one of the respondents was not represented by its lawyer.
Following the High Court order, the State government had constituted SIT and filed FIR against Dr Hede and other mine owners, senior geologist of Directorate of Mines and Geology and the former Chief Minister and MLA Digambar Kamat. They were charge sheeted under relevant sections of MMDR Act and section 420 and section 120 (B) of IPC before the Additional Sessions Court, Margao.
But only Dr Hede and Kamat were discharged in 2020 by Additional Sessions Judge Edgar Fernandes and were asked to execute personal bond of Rs 15,000 each and one surety each of the like amount in terms of section 437 of CrPC.
However, the State government in 2021 filed a criminal revision application before the High Court against the order of the Additional Sessions Court, discharging Dr Hede and Kamat and the same is pending before the High Court.
