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.

Centre defends action taken against Obulapuram Mining Company

By S A Ishaqui

Hyderabad, Dec. 5: The Centre on Saturday defended its action to stop mining operations of the Obulapuram Mining Company before the AP High Court.

The assistant solicitor-general, Mr A. Rajasekhar Reddy, while arguing the case before Justice L. Narasimha Reddy, contended that it cannot be said that the Union of India lacks jurisdiction to pass the order to stop mining operations and transportation of the iron ore already mined.

He sought an adjournment by stating that the additional solicitor -general of India would appear in the matter to defend the Centre’s stand. Mr Parasaran, senior counsel of Supreme Court, appearing on behalf of Obulapuram Mining Company contended that the Central Empowered Committee (CEC) had no jurisdiction to advise the state the measures to be taken on the basis of the report. “In fact, the application for its impleadment is pending before the SC in a case filed by a rival lessee and hence it cannot be taken as warrant by the CEC to proceed with the inquiry into the matter,” he added.

Advocate irks High Court for attributing motive to court

By S A Ishaqui
Hyderabad, Nov. 30: The Andhra Pradesh High Court was dismayed on Monday over an advocate’s submission when a petition filed by Obulapuram Mining Company (OMC) was being heard. OMC was challenging the government’s order restraining it from mining.

A division bench comprising Chief Justice Anil R. Dave and Justice C.V. Nagarjuna Reddy was dealing with the petition. During the course of hearing, counsel appearing for a petitioner who challenged mining lease to OMC submitted that the firm deliberately impleaded the Pollution Control Board as a party in the petition even though it had nothing to do with the case. He said the petitioner was deliberately trying to get the subject matter out of the roster of a single judge of this court and it was a case of “forum shopping.” The bench took serious exception to the submissions of counsel and told him not to attribute motives to the court.

Counsel appearing on behalf of the OMC argued that the government had no power to suspend the loading of material which was lying in the ports for loading. Justice Nagarjuna Reddy asked the advocate-general Mr Seetharam Murthy what power the government had to suspend the activities.

Mr Murthy replied that the government has inherent power and the GO was issued in public interest. He further said that there was a public outcry over OMC’s mining activities. He submitted that there were serious allegations on extraction of iron ore from the disputed area.

The bench said: “If the company is mining in a disputed area, you could have stopped the mining, but how can you stop mining completely in the entire area?”

Andhra Government asked to explain mine ban

By S A Ishaqui

Hyderabad, Nov. 27: The Andhra Pradesh High Court on Friday asked the state government to explain under what authority it asked the Obulapuram Mining Company to stop its operations without issuing it notice or hearing its version.

A division bench comprising Justice T. Meena Kumari and Justice P.V. Sanjay Kumar raised the question with the advocate-general, Mr D. Seetharam Murthy, while dealing with a petition filed by OMC challenging the Government Order of November 25 suspending mining operations and transportation of iron ore.

“The lease given to the OMC is in accordance with a statute and your suspension order too should be in accordance with a statute,” said the bench.

Though the AG said the state had inherent power to act instantaneously, the Bench did not accept that. Mr K. Raghavacharyulu, the senior counsel for OMC, said a member of the SC’s central empowered committee had written to the government ordering it to stop the OMC operations and the government blindly obeyed it. Mr Raghava-charyulu urged the court to allow OMC to lift the leftover iron ore. While the AG said that OMC can lift the stock by paying Rs 6 crore per day, OMC said it can pay Rs 2.25 crore per day.

The Bench asked OMC to deposit a lumpsum guarantee of Rs 30 crore with the director of mines for the next two weeks.