SC sets aside HC quashing probe into illegal quarrying

The Supreme Court on Thursday set aside the Karnataka High Court’s order quashing investigation by the Lokayukta police into illegal quarrying of granite in Koppal and Bagalkot districts, causing huge loss to the exchequer.

A bench of Justices Adarsh Kumar Goel and U U Lalit allowed a special leave petition filed by the Karnataka government, represented by Joseph Aristotle, against the March 28 judgement. The Lokayukta police were probing collusion of state officers with some private persons to allow quarrying.

“We find that at the stage of investigation there was no bar as allegation contained the offences under the Prevention of Corruption Act,” the bench said.

The court rejected the plea by senior advocate Jayant Bhushan, representing the accused, that under the Mines and Minerals (Regulation and Development) Act, only authorised person can file a complaint while in the present case, the Lokayukta police itself registered the case on a complaint by deputy superintendent of police.

The counsel also contended that the Special Investigation Team set up by the Lokayukta police could not investigate into the offences as it was to take up only those cases referred to it.

Bhushan also claimed that the Lokayukta police is not a police station to register a FIR and start investigation.

Aristotle, however, countered him saying, “It is a case of fence eating the crop as certain officers colluded with private persons to allow quarrying. The Lokayukta SIT can investigate cases relating to illegal mining and quarrying. In this case, some FIRs were transferred to the SIT.”

Agreeing with his submission, the court observed, “Wherever there is complaint of cognisable offence, the police are bound to investigate. Jurisdiction and other issues can be decided by the court competent.”

Environmental hazard

The state claimed pattadars of the lands in which the mineral was available will go on excavating without converting the land for non-agricultural purpose and without obtaining environmental clearance and working permission, thereby causing environmental hazard.

Working permission was required for quarrying under the Karnataka Minor Mineral Concession Rules.

The court had earlier issued notice to Linganagouda, Venkateshbabu, Premchand Jain, Mallikarjuna and Shekarappa, who were being investigated by the SIT after registering cases against them in 2014 for illegal quarrying in Koppal.

Others, who were investigated, included Sharanappa, Sangappa and Bhadrappa, for the offence of granite extraction in Bagalkot district in 2014.