Sand seizure:top court stays HC order fining officials

The Supreme Court on Tuesday stayed a High Court of Karnataka order, directing an assistant superintendent of police, his colleagues, and a tahsildar to pay Rs 20,000 collectively to each of six persons, whose trucks with sand was seized by them and the material sold, for illegal transportation in Yadgir district.

A bench of Justices S A Bobde and L Nageswara Rao also suspended the order passed by the high court on April 23, 2018, which had quashed an FIR registered in Shorapur police station on April 13, 2017.

The court sought response from Jagadevappa and five others, after primarily accepting a contention made by Karnataka’s Additional Advocate General Devadatt Kamat and standing counsel Joseph Aristotle that the high court completely lost sight of the facts of the matter that transport of sand was not allowed after 6 pm and the money realised after sale of the sand was deposited with the state treasury by the officers.

In its special leave petition, the state government submitted that if the high court’s order was not stayed, it would create fear in the mind of officers to discharge their duties in their respective post and morale of the executive wing of the state would be hit hard.

12 tippers seized

A patrolling party had seized 12 tippers (trucks) for illegal transportation of sand from the Krishna river bed in violation of the licence conditions.

The seized sand was subsequently auctioned out. On a petition filed by Jagadevappa and others, the high court saddled the patrolling party led by IPS officer Shivaprakash Devaraju, tahsildar Suresh R Ankalagi and others with Rs 20,000 payment to each of the petitioners within 15 days or they will be taken into custody.

The high court also directed the Principal Secretary, Home department to entrust an investigation by a DIG into the role of the patrolling party.