Tuesday, June 19, 2012

Probe BSY role in illegal mining: SC--ToI-12.5.12


Order To CBI Hits Ex-CM’s Comeback Bid

Dhananjay Mahapatra TNN


New Delhi: The Supreme Court on Friday ordered the CBI to probe former Karnataka chief minister B S Yeddyurappa for allegedly permitting illegal mining by major corporate groups like Jindals and the alleged “windfall profits” reaped by his relatives through quid pro quo by mining firms.
    A bench of Chief Justice S H Kapadia and Justices Aftab Alam and Swatanter Kumar accepted the April 20 report of its environmental panel, Central Empowered Committee (CEC), and asked the CBI to complete the investigations in three months and file a chargesheet against accused persons before the court concerned.
    The bench rejected the pleas of Yeddyurappa, Jindal Steels and South West Mining Ltd who attempted to persuade the court not to accept the CEC’s recommendations for a CBI probe into alleged irregularities in the award of mining leases, iron ore extraction and the payment of donations as a quid pro quo to NGOs run by the ex-chief minister’s relatives.
    The order is a setback for Yeddyurappa who was hoping for a comeback as CM, and interferes with BJP’s plan to put its Karnataka house in order ahead of the challenges of state and Lok Sabha polls. Although the BJP strongly resisted Yeddyurappa’s demand for reinstatement, its hopes of protecting its new-found dominance in Karnataka hinged on the Lingayat strongman’s return to the helm in Bangalore.
    The setback for Yeddyurappa may ensure the continuation of Sadananda Gowda as chief minister: hardly an appealing prospect for those who are worried about BJP’s sliding graph in Karnataka.
    Asking the agency to treat the CEC report as “informant’s information to the investigation agency”, the apex court said, “The CBI shall undertake investigations in a most fair, proper and unbiased manner uninfluenced by the stature of persons and the political and corporate
clout, involved in the present case. The CBI shall complete its investigation and submit a report to the court of competent jurisdiction with a copy of the report to be placed on the file of this court within three months.”
    It further said, “Andhra Pradesh, Karnataka and all other government departments of that or any other state to fully cooperate and provide required information to the CBI.”
    The court expressed anguish over the CEC report pointing out the inaction on the part of government and statutory authorities to stop rampant illegal mining of iron ore carried out with impunity under political patronage in Karnataka and Andhra Pradesh.
    “The facts in the present case reveal an unfortunate state of affairs which has prevailed for a considerable time in the mentioned districts of both the states of Andhra Pradesh and Karnataka. The CEC has pointed out, and the complainant and
petitioners have also highlighted, a complete failure of the state machinery in relation to controlling and protecting the environment, forests and minerals from being illegally mined and exploited,” said Justice Kumar, writing the 46-page judgment.
    The abject failure of the state and statutory authorities to stop devastation of the environment and forest through illegal mining was the trigger for the apex court to order CBI probe and direct it to bring the guilty to book.
    Justice Kumar, writing the judgment, said, “Wherever and whenever the State fails to perform its duties, the court shall step in to ensure that rule of law prevails over the abuse of process of law.” THE WAY FORWARD TILL YEDDY GETS READY
Options before Yeddyurappa Lie low till CBI inquiry is completed Try to strengthen his position in the party even as inquiry is on Strategize to keep his flock together Team up with G Janardhana Reddy and B Sriramulu
Attempt to float a new political outfit and support Congress to defeat BJP
Destabilize the Sadanan d a Gowda government
Stay within the BJP and demand that Gowda and K S Eshwarappa be replaced with his supporters Demand accommodation of his supporters during cabinet expansion
Slowly fade away from politics in the face of arrest
Options before BJP
Lend  moral and  leg legal support to Yeddyurappa
Sympathize with BSY, meet his minor demand s
Keep Yeddyurappa at bay and build party image
Keep distance as the party is fighting corruption at the national level Key accused in illegal mining scam gets bail
Hyderabad: Gali Janardhana Reddy, Obulapuram Mining Company director and prime accused in the illegal mining case, was granted bail by a CBI court here on Friday. Gali, who is currently in a Bellary jail, is also accused in another mining case in Karnataka and will walk free only if he secures a bail there. TNN

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