Centre may let Supreme Court decide on CBI probe into Odisha illegal mining Vishwa Mohan,TNN | Jan 28, 2014, 04.58 AM IST NEW DELHI: The Centre, which is working on the action taken report on findings of the Shah Commission on multi-crore illegal mining in Odisha, may leave it for the Supreme Court to decide whether the scam can be probed by the CBI. Though it will accept Shah Commissions recommendation asking the state government to cancel mining lease of erring companies and recover over Rs 59,203 crore from private firms that violated rules while mining iron and manganese ore during 2000-10, its action taken report (ATR) is likely to be subdued on the matter of probe by central agency citing pending court cases and states ongoing police/vigilance action against offenders. The Centre may, at the most, refer the issue to the Central Vigilance Commission (CVC) for more clarity on the matter, said an official privy to deliberation of the committee on secretaries (CoS) which has been finalizing the ATR. The Justice (retired) MB Shah Commission has recommended that the government hand over all cases to the CBI where the FIRs were registered by police, vigilance, mines, revenue, forests and other departments from 2008-2011. Government sources said the action would, however, include decisions on a range of amendments in existing rules and laws pertaining to mines and environment. Idea is to amend the laws by including strict penal provisions so that it can act as a major deterrent, said an official, adding mining in forest area without approval would be made a congnizable offence as part of such measures. The ATR, which will be tabled along with the commissions report in Parliament during the session next month, will also pitch for stringent punishment for violation under the Forest (Conservation) Act, 1980 which may include imprisonment for a period not less than six months that can be extended to seven years and liable to pay fines proportionate to the amount of illegal mining. At present, offences under the Act are non-congnizable. Police do not initiate investigation in such crime except with magisterial permission. Besides, the existing law provides for the punishment of imprisonment, extendable to only fifteen days for the contravention of the provisions of the Act. Although it has provision to impose heavy fine on illegal miners, it lacks clarity on the amount - making it to be quite soft. The commission, which submitted its five-volume report on illegal mining in Odisha to the government last year, has indicted both the Centre and the state government for various acts of omission and commission that led to illegal mining worth around Rs 60,000 crore. The Union Cabinet had on January 2 referred the report to the CoS for suggesting action based on the commissions recommendation. Once the ATR is finalized by the CoS, it will again go to Cabinet for its approval before being tabled in the Parliament, said an official. Other suggestions which may find place in the ATR include independent third party evaluation of compensatory afforestation - an obligation of the agencies which divert forest for industries, mining or other activities. Sources also said that the ministry of environment and forest was in favour of taking action against the companies by issuing show-cause notices to cancel mining lease along Baitarni river in Odisha. The suggestion would find place in the ATR. If the Cabinet accepts the suggestion, it will hit operations of many big steel and mining companies in the mineral rich state. Such companies will have to once again get environment and forest clearances, said an official. Extracts of the report which found place in media show that 130 out of 192 mining lessees were allegedly doing production without lawful authority in violation of Environment Impact Assessment (EIA) notifications 1994 and 2006. Ninety-four mines were found to be operating without environment clearance (EC) while 96 obtained delayed ECs. The panel has also traced freight evasion cases by iron ore exporters, who moved the mineral under domestic movement category by showing false excise certificates and recommended that the Railways should ask CBI to investigate the cases.
Posted on: Tue, 28 Jan 2014 01:37:03 +0000