No hope if Home Minister also helpless: Karnataka High Court takes suo motu cognisance of illegal sand mining

The Karnataka High Court has taken suo motu cognisance of illegal sand mining in the State after reports indicated that illegal sand mining across the State, involving powerful individuals, continued unchecked despite official oversight..The issue gained more focus after the Home Minister, G Parameshwara, publicly admitted that authorities were struggling to rein in the activity.A Division Bench of Justice D K Singh and Justice Tara Vitasta Ganju initiated a public interest litigation in the matter and observed that the issue may require a court-monitored investigation by a central agency or a special investigation team.“If the Home Minister of the State feels helpless in taking action to curb the illegal sand mining by mafias, there cannot be any hope that the said illegal activity of sand mining in the State can be curbed by the State machinery,” observed the Court..If the Home Minister feels helpless in taking action to curb the illegal sand mining by mafias, there cannot be any hope that illegal sand mining can be curbed by State machineryKarnataka High Court.The Bench was responding to a series of news reports published on January 28 in national and local newspapers. These reports alleged that illegal sand mining in Karnataka was being carried out by influential figures across party lines..The Court has directed the State and its departments, including the Department of Home, Mines and Geology, and Forest and Ecology, to file their responses within three weeks. The matter has been placed before the Chief Justice, so that it can be assigned and heard by the appropriate Bench dealing with such subjects..In the January 30 order taking suo motu cognisance, the Court had referred to the State Home Minister’s statement in the Legislative Assembly, where he had acknowledged that illegal sand mining was being fuelled by powerful interests. His statement, as recorded in the order, said, "Illegal sand mining is a big racket. I am not giving any explanation or naming anyone, as it is a little embarrassing. I have given only a restricted answer, but it involves many influential people. I will call a meeting to discuss the issue.".The Court took note of reports on the damage caused by sand mining to river basins and nearby communities. It noted reports indicating that sand was being mined through the night in the Krishna river basin. Farmers had complained that dust from the mining was settling on their crops and damaging them, the Court further noted. The order also questioned enforcement on the ground, remarking that a Special Task Force formed to check on such illegal activities existed “only for name sake.”.The Court went on to observe that bids had been invited for legal sand extraction, but had not yet been opened. Such reports suggested that vested interests were resisting the move towards legalisation of sand mining activities, it noted, since awarding legal contracts would divert revenue to the State exchequer and bring an end to illegal earnings.“Many big sharks are involved in this big money-spinning racket who do not want the extraction legalised,” the Court recorded..The Bench also highlighted public safety risks, observing that several deaths had been caused by vehicles involved in illegal sand mining.The lack of CCTV cameras and check posts made it difficult to track these vehicles in mining areas. The Court further recorded a complaint by a woman legislator from Raichur district, who said she had received threats to her life after speaking out against the activity in her constituency..Additional Government Advocate Mohammad Jaffar Shah appeared for the State. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.