SC stays filing of FIR in mining case

The Supreme Court has stayed the March 22 order of Bombay High Court at Goa, directing the Goa Government to file an FIR (first information report) with police against 151 people, including former chief ministers and ministers, mine owners and officials in connection with the alleged illegal mining in the state.

TEAM HERALD

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NEW DELHI: The Supreme Court has stayed the March 22 order of Bombay High Court at Goa, directing the Goa Government to file an FIR (first information report) with police against 151 people, including former chief ministers and ministers, mine owners and officials in connection with the alleged illegal mining in the state.

The Three-Judge Bench of Chief Justice Altamas Kabir, Justices Anil Dave and Vikramjit Sen, passed the order which had challenged the High Court’s direction on the complaint of social activist Kashinath Shetye.

After hearing senior advocate M N Krishnamani, assisted by advocates Bhavanishankar V Gadnis and A Venayagam Balan, the Bench issued the notice, returnable within eight weeks and granted permission to file the Special Leave Petition. The High Court order was challenged by Dr Prafulla R Hede.

In its brief order, the Apex Court said: “…the impugned judgment and order dated 22nd March, 2013, passed by the Bombay High Court in Criminal Writ Petition No 107 of 2012 shall remain stayed.

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The petitioner’s lawyers argued that the case of the illegal mining in Goa is already pending before the Supreme Court and hence it will amount to be prejudicial on the part of the Goa government if it proceeds with registering police cases within six months as directed by the High Court.

The stayed order was based on the complaint filed by Shetye that 151 persons named in the Justice M B Shah Commission report on illegal mining in Goa should have been arrested, by filing cases against them.

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