Jharkhand High Court Orders CBI To Conduct Preliminary Inquiry Into Allegations Of Illegal Mining And Political Intimidation

The Jharkhand High Court has directed the Central Bureau of Investigation (CBI) to probe the illegal mining, and intimidation in Sahibganj district. The case involves serious charges against influential individuals linked to the illegal stone mining trade.Justice Sanjay Kumar Dwivedi asked the CBI to complete the preliminary inquiry and submit the report within a month while observing,“It goes without saying that such enquiry cannot be ordered as a matter of routine or merely because a party makes an allegation and if after considering the materials on records the Court concludes that such materials disclose that prima facie case calling for investigation by the C.B.I, the Court can pass necessary order and in light of that, several judgments have been discussed hereinabove and one of the celebrated decision of the Hon’ble Supreme Court is the case of State of West Bengal and Others v. Committee on Protection of Democratic Rights and Others(supra).”The petitioner, a member of a scheduled caste, filed a complaint alleging that illegal stone mining had been ongoing in his village for the past 2 ½ years orchestrated by a group involved in the stone mafia, in partnership with government officials, including those from the district's mining department. These activities included the use of heavy machinery and even explosives, resulting in damage to village houses.The petitioner had reported this illegal activity on multiple occasions to the district collectorate, the Deputy Commissioner, and the Mining Officer. On 02.05.2022, when the petitioner and others visited the mining site around 11:00 p.m., they witnessed several individuals engaged in illegal mining. One of them was accompanied by a government bodyguard armed with an A.K.-47 rifle, and other individuals were also carrying firearms.The presence of heavy machinery and trucks provided sufficient lighting for the identification of the accused persons. The situation escalated into a physical assault and threats against the petitioner. Pankaj Mishra used his influence, citing government connections, to intimidate the petitioner and other villagers. During this chaotic event, the petitioner narrowly avoided being hit by a bullet.The complaint was submitted as an affidavit, and the court issued an order on 07.07.2022 to register an FIR. However, the FIR was officially lodged on 01.12.2022, over 4 ½ months after the court's directive. Notably, this delay occurred in a case involving serious allegations against an individual purportedly close to high-ranking officials, including the Deputy Commissioner and Mining Officer of Sahibganj District.The court noted that the investigation into the matter appeared to be focused solely on the SC/ST (Prevention of Atrocities) Act, ignoring the broader allegations of illegal mining and government officials' involvement. The court criticised the delay in filing the FIR and the lack of effective action against ongoing illegal mining despite substantial evidence.The counter affidavit revealed that the individuals suspected in the ECIR Case had a history of engaging in activities related to the proceeds of crime and illegal mining sites. Their association with political figures like Pankaj Mishra and others had surfaced during the investigation.Additionally, the Court noted that Pankaj Mishra exerted significant influence as the MLA representative of the Jharkhand Chief Minister. His direct involvement in illegal mining activities within Sahibganj and nearby regions came under scrutiny. Pertinently, Pankaj Mishra had already been apprehended under the Prevention of Money Laundering Act (PMLA) and was presently in custody.The Court noted that Pankaj Mishra held control over unlawful stone mining and its transportation in Sahibganj. This issue attracted serious attention from the National Green Tribunal in New Delhi due to its implications for illegal mining in Sahibganj. Notably, during the period of July 25, 2022, to July 29, 2022, various mining sites had been inspected. Intriguingly, the findings from these inspections aligned with the content of the FIR at the center of the current writ petition.With respect to ECIR Case No.7 of 2023, a request was made to the Superintendent of Police, for relevant information regarding cases registered at different police stations within the district. This request, dated June 1, 2023, was fulfilled by the Superintendent of Police. The FIR's contents pointed out instances of illegal transportation of stone chips and other aggregates, leading to multiple seizures of these minor minerals. However, the investigation seemed confined to confiscating trucks and attributing ownership of both the trucks and the seized stone aggregates solely to the drivers.The court emphasized, “It has been disclosed that Pankaj Mishra is a powerful person and he is enjoying political patronage assistance and that is why the investigation is not being done in correct perspective.” “In view of the above discussion, the ...

Jharkhand High Court Orders CBI To Conduct Preliminary Inquiry Into Allegations Of Illegal Mining And Political Intimidation

Bhavya Singh

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