AP High Court stays Centre’s order for CBI probe into OMC affairs

By S A Ishaqu
Hyderabad, Dec. 14: The Andhra Pradesh High Court on Monday stayed the notification issued by the Centre to conduct a CBI probe into alleged irregularities of the Obulapuram Mining Company Pvt Ltd.

Justice Gopalakrishna Tamada dealing with a petition filed by the OMC challenging the notification, directed that no further steps should be taken in pursuance of the notification for six weeks.

Mr Parasaran, senior counsel of Supreme Court arguing on behalf the petitioner contended that the notification was illegal and the offence which was mentioned in the notification like illegal mining and boundary dispute cannot attract provisions of criminal law.

He said there was no reference in the notification that his client has committed any offence which attracts criminal provisions. He argued that without specific reasoning of a criminal offence the Centre cannot direct the CBI to conduct inquiry against his client.

While refuting the contentions of the petitioner’s counsel Mr T. Niranjan Reddy, special public prosecutor told the court that the CBI has the power to investigate directly as per its manual on any offence even in the absence of a notification from the Union government.

He contended that the CBI had gathered reliable information from various sources that the concerned unknown public servants had abused their official position by entering into criminal conspiracy in fixing the location of the mining lease of the OMC. He told the court that the accused company had greedy intentions and stole the valuable mineral ores from the unauthorised area and illegally transported it in violation of various laws.

He said that this information disclosed commission of offences of criminal conspiracy, cheating, theft, criminal trespass and dishonestly receiving stolen property.

Mr D.V. Seetharam Murthy, advocate-general argued that if there was any lacuna in the notification it would not be taken into consideration as the state gave its consent based on reliable material proving several irregularities took place in mining by the OMC.

While staying the notification, the judge issued notices to the Centre and state governments and also to the CBI to file their counter affidavits within six weeks and posted the case to January 29.