Cuttack, March 10: In a fresh counter affidavit filed in Orissa High Court, the state government has argued that a CBI probe order into the mining scam “will have no justification” as the agency lacks the manpower and logistics support required.

The state government has ruled out the necessity to probe BJD politicians in the mining scam. The CBI had expressed willingness before Orissa High Court to probe the alleged scam involving illegal mining from mines in the state that had not been leased out. “We are ready to offer our services if the court recommends a probe by the agency into the alleged cases of illegal mining,” the CBI had earlier said in an affidavit. The CBI, however, expected “infrastructure, logistic and manpower support from the state government”.

“If the CBI does not have adequate manpower or logistic support at its disposal and will be taking the assistance of state enforcement agencies for the investigation, handing over of the investigation to the CBI will have no justification,” Debadutta Suranjita Jena, under secretary in the government of Orissa’s department of steel and mines contended in the counter affidavit filed yesterday.

The affidavit was filed in reply to the intervention petition filed by environmental activist Biswajit Mohanty in connection with lawyer Rini Rath’s PIL seeking a CBI probe into the mining scam. A detailed probe by CBI was essential as records of public authorities obtained under the RTI Act manifestly demonstrated a nexus between the government, its officers and illegal mining activity, Mohanty had contended.

The intervention petition had alleged that the nexus of officers of mining departments with the politicians have not been investigated by the state vigilance police till now. It said documents reveal that several requests for postings of various field officers such as, deputy director of mines and mining officers who play a key role in enforcement of mining regulations, were made by office bearers and MPs belonging to the BJD. It had attached copies of 10 such letters issued by office bearers of the BJD, BJD MLAs and BJD MPs.

The state government, however, replied: “Requests made for transfer and cancellation of transfer of certain officials cannot be read as proof of nexus between officers of mining department and politicians, as is being sought to be made out.”

Besides, the requests have not been entertained by the department, the affidavit said.

On February 22, the two-judge bench of Chief Justice V. Gopal Gowda and Justice B.N. Mohapatra had fixed March 15 for final hearing.

“All affidavits and counter affidavits if any should be filed before March 7,” the Chief Justice had clarified.

The high court had taken up six PILs on the mining scam for analogous hearing. While the PILs filed by Pratap Rout, Subrat Tripathy, Bhawani Parija, Rini Rath and Surendra Mukhi had sought a CBI probe, Prashanta Das had sought direction to probe the alleged mining scam by constituting a “special investigating team” and monitor the investigation.

Lalmohan Patnaik

Cuttack, March 10 - In a fresh counter affidavit filed in the Orissa High Court the State government has argued that a CBI probe order into the mining scam “will have no justification” as the central investigating agency lacks the manpower and logistics support required for it.

The State government has further ruled out the necessity of a probe on ruling party politicians in the mining scam.

The CBI had expressed willingness before the Orissa High Court to probe into the alleged mining scam involving illegal mining from mines in the state that had not been leased out.

“We are ready to offer our services if the Court recommends a probe by the agency into the alleged cases of illegal mining”, the CBI had earlier said in an affidavit. The central investigating agency however expected 'infrastructure, logistic and manpower support from the state government'.

“If the CBI has no adequate manpower as well as logistic support at its disposal and will be taking the assistance of the State Enforcement Agencies for the investigation then handing over of the investigation to the CBI will have no justification”, Debadutta Suranjita Jena, Under Secretary in Government of Orissa’s department of Steel & Mines contended in the counter affidavit filed on Wednesday / yesterday.

The affidavit was filed in reply to the intervention petition filed by environmental activist Biswajit Mohanty in connection with lawyer Rini Rath’s PIL seeking CBI probe on the mining scam. A detailed probe by the CBI was essential as records of public authorities obtained under RTI Act manifestly demonstrated the nexus between the government, its officers and illegal mining activity, Mohanty had contended.

The intervention petition had alleged that the nexus of officers of mining departments with the politicians have not been investigated by the state vigilance police till now. It said documents reveal that several requests for postings of various field officers like Deputy Director of Mines and Mining Officers who play a key role in enforcement of mining regulations were made by office bearers and members of parliament belonging to the ruling party of the State. It had attached copies of ten such letters issued by office bearers of BJD political party, BJD MLAs and BJD MP.

The State government however replied: “Requests made for transfer and cancellation of transfer of certain officials can not be read as proof of nexus between officers of mining department and politicians / as is being sought to be made out”

Besides, the requests have not been entertained by the department, the affidavit said.

On February 22 the two judge bench of Chief Justice V.Gopal Gowda and Justice B.N.Mohapatra had fixed March 15 for final hearing. “All affidavits and counter affidavits if any should be filed before March 7”, the Chief Justice had clarified.

The High Court had taken up six PILs on the mining scam for analogous hearing. While the PILs filed by Pratap Rout, Subrat Tripathy, Bhawani Parija, Rini Rath and Surendra Mukhi had sought CBI probe, Prashanta Das had sought direction to probe the alleged mining scam by constituting a “Special Investigating Team” and monitor the investigation.