Day: February 10, 2018

Soldiers Have Every Legal Right To Kill Stone Pelters

Even if all the lawyers and Judges of the Supreme Court, all the lawyers and Judges of all the High Courts and all the lawyers and Judges of all the District Courts were to stand on one side and say that soldiers have no legal right to retaliate and kill stone pelters, I would humbly beg to differ with all of them! Soldiers have every legal right to act in self defence. There can be no denying or disputing it!
                                  No law can be above the nation! India exists because of our soldiers and not because of politicians! It is soldiers who protect our nation and not politicians! So why should soldiers not be protected from being targeted by stone pelters who think they have birth right to pelt stones and then there is Centre led by Modi and State led by Mehbooba to withdraw cases against them?
                                          Politicians only know how to divide India just like they divided us in 1947! This alone explains why Justice Markandey Katju calls politicians as rogues and scoundrels! Justice Katju rightly points out that a father named Jawaharlal Nehru created one fake country called Pakistan and the daughter created another fake country called Bangladesh. He predicts that they both were part of India and shall merge with India in the coming years after 15 or 20 years as they are failed states!
                                               What do our human rights activists expect? Do they expect that soldiers keep on braving stone pelting every now and then without ever retaliating? Do they expect that soldiers keep their head down even as stone pelters slap them and their helmet falls in dustbin as we saw in all news channels last year and yet the soldier did not retaliate?
                                               How long will soldiers keep quiet in Jammu and Kashmir? What message is Centre sending? What message is Jammu and Kashmir State Government led by Chief Minister Mehbooba Sayyid sending?   
                                       Why has an FIR been lodged against a serving Army Officer Lieutenant Colonel Aditya Kumar even though he had no hand in firing and killing stone pelters? Why Centre allowed this to happen at the first place? Why FIR not lodged against those stone pelters who without any reason attacked an Army convoy and had attempted to kill a JCO before the troops opened fire? Are those stone pelters above the law of the land?
                                      What message is Centre and State Government sending? Why Centre has allowed State Government of Mehbooba to bulldoze her way? Why has Centre disregarded our brave soldiers? Should we be proud of it?
                                         Why has Defence Minister Nirmala Sitharaman, Prime Minister Narendra Modi and Home Minister Rajnath Singh allowed lodging of FIR against Lt Col Aditya Kumar and others even though they are protected by AFSPA? Why was it ignored that they acted in self-defence as stone pelters wanted to kill them without any grave and sudden provocation? Why no FIR allowed to be lodged against stone pelters?
                                               Why has Centre allowed this to happen at the first instance? What message is Centre sending? Why is Centre discouraging youth from joining Army by encouraging stone pelters by not lodging FIR against them and by promptly lodging FIR against soldiers who acted in self defence?  
                                                  Why has Centre allowed withdrawal of FIR and cases against 10,000 stone pelters? Will this not encourage stone pelting industry in Jammu and Kashmir funded fully from Pakistan? Why Rohingyas allowed to illegally settle in Jammu and Kashmir? Why Rohingyas are allowed to become part of stone pelting industry and still be given Indian citizenship?
                                         Why the father of Maj Aditya was compelled to approach Supreme Court for quashing the FIR lodged wrongly against his son? Why Centre and State failed to reprimand the police for lodging FIR against him and other soldiers who were attacked by stone pelters? Why Centre and States allowed the lodging of FIR at the first place?
                                    What message is Centre and State of Jammu and Kashmir sending? That they stand firmly and fully with stone pelters against whom no case is lodged and stand for ensuring that Major Aditya and other soldiers are sent behind bars for the rest of their lives or are hanged? Which true Indian will ever like this and appreciate them for this anti-national act?
                                              The whole nation is watching how Pakistan is again and again killing our soldiers with anti tank missiles and how terrorists are attacking Army camps and Centre and State strongly demanding that stone pelters be dealt with leniently as they are our own people and how interlocutors are being sent to hold talks with separatists and anti-India lobby! Such suicidal move Centre can ill afford considering the stark truth that next year in 2019 the country will face general elections! Who can  save Centre from facing electoral defeat at the hustings if it fails to rectify its approach?   
                                     The soldiers who fired at stone pelters and killed 3 of them had to fire in self defence as the stone pelters without any grave and sudden provocation started attacking Army vehicles! What can soldiers do under such dire circumstances? Should they offer flower or fruit to such stone pelters who are mad in anger wanting to kill each and every soldier knowing fully well that Centre and State stands fully with them and not with soldiers who dare not respond to their attack?
                                       All in all, soldiers have every legal right of private defence just like any other individual! In addition, soldiers are protected by AFSPA which stone pelters fail to appreciate and they think that they will keep on attacking Indian soldiers who won’t respond for fear of FIR being lodged against them! This approach is nothing but bunkum!
                                            Soldiers have every legal right to kill those who pelt stones at them because no ordinary person will ever throw stone at soldiers! With what  face stone pelters talk about human rights and legal rights when they don’t care about the basic legal rights of our soldiers of not to be attacked without provocation? Also, soldiers have every legal right to defend their fellow soldiers from being targeted and burnt in the manner in which Mohammad Ayub was burnt and beaten to death in 2017 after breaking all his bones! While doing so, if the soldiers fire at stone pelters then the stone pelters are themselves responsible for it as also are those responsible who encourage them by withdrawing cases and paying them for indulging in it most lavishly!
                                          Even soldiers have legal rights and not just stone pelters! India is standing as one nation since 1947 because of soldiers and not because of unruly stone pelters! It is because of the supreme sacrifice rendered by soldiers at very young age of just 20 or 21 or 22 or little more that we all are safe from terrorists and Pakistani invaders who want to destroy our nation completely!
                                     How can we ignore this? How can our politicians ignore this? How can State ignore this? How can politicians ignore this? So soldiers must be defended and in this case Centre has utterly failed to do anything to protect the legal right of soldiers and has mollycoddled in front of Mehbooba who has withdrawn more than 10,000 cases against stone pelters and has ensured that no case is lodged against stone pelters who pelted stones at soldiers!
                                            Lt Col Karamveer approaching the Supreme Court for quashing of the FIR lodged against his son is a national disgrace and Centre is squarely responsible for it by not doing anything to prevent this from happening! What message is Centre trying to send? Whom is it trying to appease?
                                              Why is it not according top priority to our soldiers who always guard our borders and who even help our stone pelters when they are in crisis like floods etc? Soldiers have fired in self defence as well as defence of fellow soldiers and have exercised maximum restraint by killing only 2 or 3 of the stone pelters and not 200 or 300 of them! How can all this be ignored?
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.

Shopian Firing: Major’s Dad Moving SC For Quashing FIR

What is happening in India? Why are cases against more than 10,000 stone pelters being withdrawn? Why are Army officers and soldiers being named in FIR for defending themselves against a murderous crowd and for doing their duty of fighting terrorists? Why Centre is watching everything like a mute spectator?
                                            Why the protection afforded to soldiers under AFSPA is being withdrawn inspite of AFSPA still in force in J&K? Why is Centre firm that Mehbooba has to be kept happy under all circumstances? Why is national interest not placed on first priority and instead party interest is accorded the top priority? What message is being sent by Centre?
                                          Why is political establishment out to demoralize soldiers and boost stone pelting as the biggest industry of Jammu and Kashmir? Should we be proud of it? Should Centre justify it in the name of “healing touch” policy?
                                    Why even as Army soldiers are fighting terrorists, crowd pour in and start pelting stones at Army? Why politicians try to justify it? Why politicians slam Army for not exercising restraint?
                                           Why politicians argue that just like DSP Mohammad Ayub was killed by mob and he did nothing similarly Army should also do nothing?  Why is Army supposed not to fire at crowd and brave all injury quietly and die in the manner DSP Mohammad Ayyub died after his body limbs were broken most brutally by mob before being burnt? Why politicians argue that stonepelters are our own people and Army must have tolerance for them as they too have the right to dissent?
                                             Is this the way to dissent that you try to kill those wearing uniform? Have the stone pelters taken licence from senior politicians to pelt stones at Army vehicles and yet soldiers should not retaliate at all? Why is Centre allowing all this to happen? Why is Centre not listening to even its own party leaders like Subramanium Swamy and taking strong action against stone pelters? What message is Centre sending? Will this not encourage lumpen elements all over the country to pelt stones and then get cases withdrawn against them by a Centre who mollycoddles in front of stone pelters, traitors and anti-national elements?
                                        Not surprising that this is emboldening terrorists and even as I am writing this, news is pouring in that terrorists have attacked an Army camp in Sunjwan in Jammu and killed a soldier, injured a JCO and his daughter even as fight is still continuing! But still leaders like Farooq Abdullah and Mehbooba feel that we must talk with Pakistan who is killing our soldiers regularly and engage with them irrespective of how many of our soldiers are killed! Just recently a Captain Vikram and 4 soldiers were killed by anti-tank missile fired by Pakistani soldiers and even as some were demanding a surgical strike and Centre was busy finalizing PM Modi’s trip to Palestine, we see one more terror attack on Army camp! How many soldiers does Centre want to die before taking a decisive action?  
                                       Has Centre accepted Jammu and Kashmir as part of Pakistan? If not then why so much of leniency in dealing with those who attack men in uniform? Has Centre secretly accorded Kashmiris the fundamental right to attack our soldiers whenever they want and in the manner they want and yet it is soldiers against whom FIR is lodged and cases are withdrawn against stone pelters who are hailed by local leaders as “freedom fighters”? Why ever since this government has come to power do we see stonepelters being so emboldened that now they have started disrupting Army operations to save terrorists and yet Centre is taking no strong stand on it and instead inviting ISI agent to visit Pathankot even though they refuse NIA to come to India!  Centre’s most baffling stand is incomprehensible!
                                         It is most shocking and disgraceful that now Army officers are being dragged to police station and courts for doing what is their duty. The father of Army Major Aditya Kumar booked by the Jammu and Kashmir Police in the firing incident in Shopian under the charge of murder (Section 302 of the IPC) and attempt to murder (Section 307 of the IPC) has been left with no option but to move the Supreme Court seeking quashing of the FIR against his son. This is most unfortunate and reprehensible! Why did PM Narendra Modi, Defence Minister Nirmala Sitharaman and Home Minister Rajnath Singh allow this to happen?
                                         To put things in perspective, Lieutenant Colonel Karamveer Singh said his son who is a Major in the 10 Garhwal Rifles, has been ‘wrongly and arbitrarily’ named in the FIR for the January 27 incident at Shopian in which seven Army personnel were also injured as the incident relates to an Army convoy on bonafide military duty in an area under the AFSPA, which was isolated by an ‘unruly and deranged’ mob pelting stones causing damage to many military vehicles. The plea filed through advocate Aishwarya Bhati said the intention of his son was to save Army personnel and property and the fire was inflicted ‘only to impair and provide a safe escape from a savage and violent mob engaged in terrorist activities’. What wrong did he do?
                                            Is this a crime? If this is a crime God help India! Even God cannot help such thankless nation where soldiers are thrown in prison for doing their jobs and stone pelters are rewarded by withdrawing cases against more than 10,000 of them and Pakistani invaders like Gen Pervez Musharraf who masterminded Kargil war in which we lost more than 600 soldiers officially are accorded a royal treatment within 2 to 3 months!
                                          Anyway, coming back to main subject, the petition by Lt Col Karamveer Singh said that, “The petitioner is constrained to file the present writ petition for quashing of FIR, directly before this court in view of the extremely hostile situation on the ground, whereby an FIR has been registered by local police against the son of the petitioner, who is a service army officer and was performing bonafide duties as directed by the Union of India. The manner in which the lodging of the FIR has been portrayed and projected by the political leadership and administrative higher-ups of the State, reflects the extremely hostile atmosphere in the State. In these circumstances, the petitioner is left with no other viable option but to approach this court under Article 32 of the Constitution for protection of Fundamental Rights of his son and himself, enshrined under Article 14 & 21 of the Constitution.” Singh also mentioned about the 2017 incident of a mob lynching of DSP Mohd Ayub Pandith to apprise the top court about the situation in the state and the condition in which Army officials were working to control violent mobs in Kashmir.   
                                               But who is really bothered about our soldiers? Stone pelters are justified on one ground or the other and it is Pakistan which is having the last laugh as Centre is just doing nothing to address this menace except advice Mehbooba to withdraw all cases against them and promptly lodge FIR against soldiers as has been done in this case! I am ashamed to call myself an Indian after seeing all this!
                                       Interestingly, no FIR was registered against the stone-pelters at Shopian for causing injury to Army personnel and property belonging to the Government of India! Who will vote such bunch of leaders in Centre again who are kowtowing in front of traitors and anti-Indian elements  even though they came to power promising dignity and honour for our soldiers? Is this the dignity and honour which they sought to give that most dangerous Sections 302 and 307 punishable with death or life have been slapped against soldiers doing their duty and firing not on peaceful crowd but on mob of stone pelters who were all out to kill these soldiers? Shame on them!
                                      Which self-respecting nation will behave like this? Centre should never forget that it was because of Kargil and honour of Pakistani invader Gen Musharraf that Vajpayee who was the then PM was booted out! Does Modi also  want to go the way his ex-boss had gone? It is for him to decide for himself!
                                          I have not even an iota of doubt that the whole nation stands fully and firmly with Major Aditya and those soldiers who were bravely confronting stone pelters and yet exercising maximum restraint as also with those children of soldiers who have petitioned NHRC to save their parents from hostile stone pelters! BJP will hundred percent lose elections which are just after an year in 2019 if it does not address this national issue most seriously and most swiftly! Even God cannot save BJP from losing if it does not mend its ways and stop appeasing Mehbooba who always speaks the language which no true Indian can ever approve of!
                                                       Our soldiers are regularly getting killed by repeated terror attacks and Mehbooba and Abdullahs still shamelessly talk always about engaging Pakistan and hit out at soldiers for not exercising restraint! Do they want our soldiers to allow Pakistani supporters to kill our Indian soldiers? Why has Most Favoured Nation status shamefully conferred unilaterally on Pakistan by shameless India in 1996 not been withdrawn till now?
                                             Why has it not been declared a terror state till now? Why India just keeps begging other states like US to do so but does nothing itself except shouting at Pakistan in UN meetings and addressing it as “Aatankistan”? Is it meant just for public consumption? Why India has no clear national policy on Pakistan and Jammu and Kashmir as the Governor of Jammu and Kashmir – NN Vohra very rightly pointed out? Why Jammu and Kashmir has not been merged fully and finally with India? Why as former CJI JS Khehar rightly pointed out can one country have two laws, two Constitutions and two flags?  
                                              Why this most third rated appeasement policy which Centre vows it will never do but on ground has been doing continuously? Does Centre wants India to get partitioned again?  Why like Kuwait who has ordered all Pakistanis to withdraw from Kuwait does India also not act similarly?
                                                    Why Pakistani diplomats are allowed to fund terrorists as disclosed by an NIA report recently and why are we having diplomatic relations with them? Why are we allowing Pakistan to corner a major share of Indus water when they are not cooperating with us in any manner? Most shameful!
                                                 Why Centre ignored that Maj Aditya was very far away from the place where the attack on Army vehicle happened? Why Centre ignores that soldiers fired to save the life of their fellow soldiers whom the crowd wanted to kill? Are the crowd of Jammu and Kashmir enjoying special privileges to attack and kill our soldiers whenever they want? Centre must clarify!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.     

SC Quashes All The 88 Mining Leases In Goa

In a landmark judgment with far reaching implications, the Supreme Court on February 7 dealt a severe body blow to Goa’s mining magnets by cancelling leases of all 88 mines and ordered that fresh licences be granted through an auction process. Doubtless, the court’s order will cover every one of 88 mines operational in Goa. These licences were given to 88 companies in Goa in 2015. 

                                            While craving for the exclusive indulgence of my esteemed readers, let me inform them that the Apex Court directed the Centre and the Goa government to grant fresh environmental clearances to them. It said  the state government was obliged to grant fresh mining leases in accordance  with law in view of its previous judgment and not second renewals to mining lease holders. The Apex Court had said in previous judgments that only fresh leases were to be granted by the Goa government, not second renewals.

                                            For my esteemed readers exclusive indulgence, let me also inform them that a Bench of Justices Madan B Lokur and Deepak Gupta said that mining lease holders who have been granted a second renewal in violation of its previous decisions and directions, are granted time to manage their affairs and may continue mining operations till March 15, 2018. The Bench said in no uncertain terms that, “However, they are directed to stop all mining operations with effect from March 16, 2018 until fresh mining leases (not fresh renewals or other renewals) are granted and fresh environmental clearances are granted.” Thus we see that there is no room for doubt on what the Supreme Court wants.

                                         To put things in perspective, the Supreme Court added that, “The second renewal of the mining leases granted by the State of Goa was unduly hasty, without taking all relevant material into consideration and ignoring available relevant material and therefore not in the interests of mineral development.” The decision, the Bench said, was taken only to augment the revenues of the state, which is outside the purview of Section 8(3) of the Mines and Minerals (Development and Regulation) Act. This is certainly a clear setback to the Goa state government!

                                        Simply put, the Bench queered the pitch by stating explicitly that, “The second renewal of the mining leases granted by the State of Goa is liable to be set aside and quashed.” It further also directed the setting up of an SIT and a team of chartered accountants to recover the amount from mining companies, which were allowed to extract ore in violation of the law. A clear wrong was thus made out!

                                            It cannot be lightly dismissed that the Bench of Supreme Court of Justices Madan B Lokur and Deepak Gupta also in the same vein added that, “Judiciary must be very cautious and circumspect in diluting or setting aside an economic policy of the government. Courts must intervene against an economic policy of the government only if it was constitutionally unavoidable. Otherwise, good governance could be a casualty.” The court made the observations after quashing the Goa government’s policy to grant a second renewal of 88 mining leases with retrospective effect. Justice Lokur observed that, “Till recently, policy matters, particularly economic policy, were hands off as far as the courts were concerned.” However, recent decisions had seen the court “partially modify this theory and keep the window open to judicially review a policy if it does not serve the common good.” There can be no denying or disputing it!

 

                                        It is noteworthy that the landmark judgment came on a petition filed by an NGO titled Goa Foundation, which had earlier also raised the issue of companies carrying out mining in violation of various statutes. The Goa Foundation, through its lawyer Prashant Bhushan had argued cogently that the state’s policy on renewing leases did not conform to the Supreme Court’s stand on optimum utilization of natural resources. Bhushan contended that the state government ought to have auctioned the mining leases instead of renewing them.

                                     Truly speaking, Bhushan also pointed out that the mines ordinance approved on 12 January 2015 did not spell out a renewal procedure. He said that all renewals were done before the ordinance came into force with 31 leases being renewed on 12 January, 2015. The Goa Foundation petition alleges that miners and government authorities had colluded to circumvent not just the ordinance, but also the Supreme Court’s ruling of April 21, 2014. The renewal was against the court’s precedents laid down for the appropriate and optimum utilization of natural resources.

                                       According to the petition, 56 leases were renewed between 6 and 12 January 2015, shortly before the ordinance was passed. The petition has named 20 miners whose leases have been renewed. Some of these companies had earlier moved the Bombay High Court seeking to direct the Goa government to consider and grant a second renewal of mining leases.

                                           Be it noted, it was on their petition that the Panaji bench of the Bombay High Court had on 13 August 2014 directed the state government of Goa to execute a second renewal of leases in favour of companies that had paid the required stamp duty. In 2017, the Goa Foundation had appealed this decision before the Supreme Court. The appeal had said that the order “disembodies the directions” of the court.  

                                                Of course, Goa Chief Minister Manohar Parrikar said that there was “no need to panic” over the Supreme Court order quashing the second renewal of iron ore mining leases given to 88 companies in the state in 2015. He also submitted that, “According to my information, there is nothing applicable until March 15. I do not want to comment anything unless I go through it.” He also appeared unperturbed and said that, “…That means different possibilities are open. The order does not come into effect from tomorrow so there is no need to panic.”  

                                        Needless to say, the Supreme Court on February 7 in its 102-page judgment observed how these leases were hastily renewed by the State in 2014 with retrospective effect from 2007, just before an amended Mines and Minerals (Development and Regulation) Act made auction of leases mandatory for mining notified minerals like iron ore. It cannot be missed out here that the judgment by a Bench of Apex Court comprising of Justices Deepak Gupta and Madan B Lokur traced the “rapacious and rampant exploitation” of Goa’s fragile ecology by private mining lease holders, whose sole motive is to make profit for years. This should never have been allowed to take place at the first instance!

                                   As things stand, the Bench said that, “Rapacious and rampant exploitation of our natural resources is the hallmark of our iron ore mining sector – coupled with a total lack of concern for the environment and the health and well-being of the denizens in the vicinity of the mines.” It also added that, “The sole motive of mining lease holders seems to be to make profits (no matter how) and the attitude seems to be that if the rule of law is required to be put on the backburner, so be it.” This landmark judgment came on the petition filed by an NGO, Goa Foundation, challenging the Goa government’s order in 2015 for a second renewal of 88 mining leases. It also set aside the Bombay High Court order allowing the state government to grant a second renewal to mining leases.

 

                                       As it turned out, the Supreme Court said while summing up Goa’s mineral policy that, “The primary beneficiary was, of course, the mining lease holder, a private entity, and the price was paid by the average Goan who had to suffer a polluted environment and witness the damage to the State’s ecology.” The judgment minced no words in narrating the role played by the Goa government in the loot of natural resources. It said the State gave private entrepreneurs mining leases “virtually for a song”. It also held that, “Unfortunately, the state was unable to firmly stop violations of the law and other illegalities, perhaps with a view to maximize revenue, but without appreciating the long term impact of this indifference.”

                                        Truth be told, the Bench led by Justice Madan B Lokur who authored the judgment pulled back no punches in stating unambiguously that, “The State sacrificed maximizing revenue for no apparent positive reason, virtually surrendering itself to the commercial and profit-making motives of private entrepreneurs and ignoring the interests of Goan society in general.” The Bench found that some private miners owed the State “staggering” sums of up to Rs 1500 crore “towards value of ore extracted in excess of the environmental clearance”. It was also held by the Bench categorically that the State government had made no “serious attempts to recover such huge amounts”.

                                               Equally significant is the glaring fact pointed out by the Bench that, “The Union Ministry of Environment and Forests also “played ball” by giving environment clearances to 72 of these mining leases.” The Apex Court quoted from Centre’s own Vishwanath Anand Environment Appraisal Committee set up in 2013 to probe mining illegalities and held that, “There was not a single environment related or mining related law or legal requirement that was not violated by one or the other mining lease holder. Quite clearly, the rule of environmental law in Goa had gone with the wind.” The court found that even groundwater was not spared by the evils of rampant mining.

                                         Let me hasten to add here that the 88 mining leaseholders have now time till March 15 to wrap up their operations. But they have no time beyond March 15. The Apex Court has directed the companies to wind down their operations by March 15.

                                       Let me also hasten to add here that the court also ordered the Centre and the State government to grant fresh mining leases strictly as per the provisions of the Mines and Minerals (Development and Regulation) Act, 1957. It banned any second renewals of mining leases. It also directed to recover money from the companies for indulging in illegal mining.

                                                 Briefly stated, the court said there was no need to grant the fresh mining leases through competitive bidding or auction. The judgment also made it clear that, “The State of Goa was not under any constitutional obligation to grant fresh mining leases through the process of competitive bidding or auction”. However, the Apex Court insisted that the Environment Ministry grant fresh environmental clearances to each new mining lease in the State.

                                           To be sure, the Apex Court ordered a Special Investigation Team (SIT) and the team of chartered accountants constituted pursuant to the Goa Grant of Mining Leases Policy in 2014 to submit a report on the illegalities a report on the illegalities that had been committed so far in the State. This is the second time that the Apex Court has intervened to stop illegal mining in Goa. In 2014, in the Goa Foundation case, the Apex Court has found that rampant mining was going on in the State despite all the iron ore and manganese ore leases having expired way back in November 2007.

                                More pertinently, the Supreme Court gave the following important instructions while quashing the mining leases that were renewed by the Goa government –

1.  Fresh Leases: Goa should grant fresh mining leases as per the provisions of the Mines and Minerals (Development and Regulation) Act, 1957.

2.  Green Clearance: Ministry of Environment should grant fresh environmental clearances to the new mining leases as soon as possible.

3.  Stop Operation: Mining lease holders illegally given second renewal should stop operations with effect from March 16, 2018.

4.  File Report: A Special Investigation Team and a team of Chartered Accountants will give a report on the illegalities committed so far.

                                   According to the top court Bench, circumvention of mining and environment related laws is a big tragedy in itself. The Bench further said that, “Laxity and sheer apathy to the rule of law gives mining lease holders a “field day” as they are the primary beneficiaries and the state is left with some crumbs in the form of royalty.” This should never be allowed to happen!

                                         On a concluding note, the Supreme Court has taken very seriously the exploitation of resources in the mining sector solely for profit maximization. This alone explains that why it has not hesitated in cancelling the leases of 88 firms in Goa. It has also pulled back no punches in criticizing the State government for allowing this to happen!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

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