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Regular-article-logo Friday, 16 May 2025

HC defers decision on CBI probe

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LALMOHAN PATNAIK Published 12.01.11, 12:00 AM

Cuttack, Jan. 11: Orissa High Court today adjourned hearing on the necessity of a CBI probe into the multi-crore mining scam to February 1 after hearing Orissa government’s plea against it for nearly an hour and a half.

Orissa government said a CBI probe was not necessary as an inquiry into illegal mining in Orissa had already been conducted by the Central Empowered Committee (CEC) of the Supreme Court.

The alleged scam involved theft of minerals from two manganese mines in Keonjhar region of Orissa that had not been leased out. The high court was hearing PILs seeking a CBI inquiry into it.

“Since the CEC is an independent body, there is no need for a CBI probe. Instead the high court could monitor the investigation undertaken by the state vigilance by seeking periodic reports,” argued senior advocate Mukul Rohtogi appearing on behalf of Orissa government.

Besides, the CEC had in its report acknowledged that the Orissa government “has taken corrective steps”, Rohtogi said, placing the report before the court. Advocate general Ashok Mohanty was also present.

“The CEC is of the view that the state has taken corrective steps, though rather belatedly. However, serious shortcomings still remain which need to be dealt with on a priority basis so as to ensure strict compliance with provisions of the Forest (Conservation) Act, 1980, the Environment Protection Act and other statutory provisions and rules,” the report submitted on April 26, 2010 had observed, while giving several recommendations.

The CEC was asked to conduct the inquiry on a writ petition filed in 2009 by Rabi Das (editor of Oriya daily Ama Rajdhani) seeking appointment of a “commission” to investigate and study alleged illegal mining in lapsed/invalid mining lease areas in Keonjhar, Sundargarh and other districts of Orissa. The petition is pending before the Supreme Court.

After hearing the state’s plea, the two-judge bench of Chief Justice V. Gopal Gowda and Justice B.N. Mohapatra adjourned hearing on the PILs to February 1, while giving the lawyers of the petitioners time till then to file rejoinders to the counter affidavit filed by the state government. Orissa government had said in its counter affidavit that the state vigilance department had been given a carte blanche by the state authorities and there was no grievance from any quarter about the quality of the investigation or its totality. “Under such circumstances a direction for further investigation by the CBI at this stage is uncalled for,” the affidavit said. The state government had also cited appointment of a Commission of Inquiry by the Centre for probing illegal mining across the country.

The vigilance department probing illegal mining activities in the applied area of Ram Bahadur Thakur Ltd in Rudukela and Katasahi mines area has so far registered 16 cases for illegal mining.

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