Orissa High Court

Cuttack, Jan. 9: In its affidavit filed in Orissa High Court, the state government has pleaded against CBI probe into the multi-crore mining scam. It cited appointment of a commission of inquiry by the Centre for probing into illegal mining and pendency of a petition seeking CBI probe into the scam before the Supreme Court.

The scam involved theft of minerals from the two manganese mines in Keonjhar region of the state that had not been leased out.

“As Justice M.B. Shah, retired judge of the Supreme Court, has been appointed as a commission of inquiry for probing into illegal mining of iron ore and manganese ores at various places of the country including Orissa and has been authorised to take the services of any investigating agency a direction by Orissa High Court for a CBI inquiry may not be necessary at the present juncture,” the affidavit contends.

Moreover, when the Supreme Court is seized of the matter since a petition was filed in 2009 by Rabi Das for a CBI inquiry into the alleged mining scam in the state “there is no necessity for Orissa High Court to entertain the present petition,” the state government further contends.

Under secretary of the steel and mines department Debadutta Suranjita Jena filed the affidavit on last Friday. Jena said the state government had ordered an inquiry by the vigilance department into illegal mining activities in the applied area of Ram Bahadur Thakur Ltd. in Rudukela and Katasahi mines area for taking appropriate action against the culprits.

The vigilance department had since filed the chargesheet in the case against 16 persons. “Under the circumstances, a direction for further investigation by the CBI at this stage is uncalled for,” Jena said.

The affidavit claimed that the secretary, ministry of steel and mines, had filed a preliminary counter affidavit in the high court expressing its satisfaction on the action taken reports submitted by the state government from time to time to curb illegal mining. “Under such circumstances, a petition seeking an enquiry by the CBI is not liable to be acceded to at this juncture,” it said.

The preliminary counter affidavit had stated that upon receipt of information on illegal mining of manganese and iron ores in Keonjhar in August and September 2009, the Union ministry of mines had conducted an independent investigation by the Indian Bureau of Mines (IBM) and found “evidence of considerable illegal mining”.

“The report of the IBM was forwarded to the state government and it was advised to take action against the guilty. The state has since then ordered for vigilance and administrative enquiry, sent reports on action taken in the matter. It had also stated that they were taking action to prevent illegal mining,” it read.

“However, considering the gravity of matter and loss sustained, if the high court so desires, any central agency can be called upon to investigate as per the due procedure laid down including the CBI. The Centre is willing to offer all necessary assistance in the matter,” the preliminary counter affidavit clarified.