High Court in Goa issues notice over rejection of the Goa Lokayukta's order directing that the Anti Crime Branch register an FIR in renewal of 88 mining leases

Prakash Kamat

Panaji,November 5- The Bombay High Court  earlier this week issued notice on a petition filed by the Goa Foundation,Goa-based green NGO challenging the decision of the Goa Governor and the Chief Minister to reject the Goa Lokayukta's order directing that the Anti Crime Branch register an FIR in the matter of renewal of 88 mining leases

The Goa Lokayukta had also directed the State government to ensure the investigation was conducted by the Central Bureau of Investigation(CBI).

The writ petition is filed to challenge the orders of the Competent Authority designated under the Goa Lokayukta Act, 2011, namely, 1) the order dated 15.4.2020 passed by the competent authority, the Governor of Goa (or Competent Authority I) and 2) the undated order passed by the competent authority, the Chief Minister (or Competent Authority II) of the State of Goa.

Both these competent authorities have, via the impugned orders, rejected both the recommendations and orders of the Goa State Lokayukta issued in his report to the Government on the complaint filed by the petitioner (original complainant therein). The petition seeks an order to quash and set aside the two impugned orders.

It was the case of the complainant before the  Lokayukta that the orders granting bulk of these second renewals were issued under the signatures of only three persons, i.e., Laxmikant Parsenkar, (then) Chief Minister of the State, Pavan Kumar Sains, (then) Secretary (Mines) in the government of Goa, and Prasanna Acharya, Director of Mines & Geology and that all three persons were aware that they were indulging in conduct that would benefit and enrich a small class of influential miners and that would result in enormous losses to the public exchequer. In its investigations, the Hon’ble Lokayukta focused substantially on 56 mining leases whose renewal orders were issued within the span of just one week i.e., between 6.1.2015 and 12.1.2015.  In fact, 31 lease renewal orders were issued on 12.1.2015 itself -- which is the very date on which the power of the state government to renew mining leases was rescinded by an ordinance requiring states to auction such leases so as to bring enhanced revenues to the public exchequer. 

The Lokayukta agreed with the charges made by the complainant and directed the removal of Pawan Kumar Sains and Prasanna Acharya from public office as they were unfit to occupy such posts. These recommendations were made under Section 16 of the Lokayukta Act. The Lokayukta also directed FIR be registered by the Anti Crime Branch, but that the investigation of the case be handed over by the Government to the CBI. The Governor and the CM both rejected the recommendations and the order for investigation.

The petition seeks an order setting aside the decisions of the two competent authorities.

Respondents in the petition:

1)Governor of Goa,

Competent Authority u/s 2(d)(i) of

the Goa Lokayukta Act, 2011,

Raj Bhavan,

Dona Paula, Goa.       

 

2)Chief Minister,Goa,

Competent Authority u/s 2(d)(ii)&(iv) of

the Goa Lokayukta Act, 2011

Secretariat, Porvorim, Goa.

 

3LaxmikantParsenkar,

 “YASHWANT”

Varchawada, Arambol,

Pernem, Goa

 

4)Pawan Kumar Sain,

Presently, Director

President’s Secretariat,

RashtrapatiBhavan,

New Delhi 110 004.

 

5)Prasanna Acharya,

Presently, Member Secretary,

Rabindra Bhavan,

Margao, Goa.                                                                     

6)Government of Goa,

Represented by its Chief Secretary,

c/o Secretariat,

Porvorim, Goa 403 521.         

 

7)      The Anti Corruption Branch (ACB)

Directorate of Vigilance,

Serra Building, Near All India Radio,

Altinho - Panaji , Goa - 403 001

Next date of hearing is December 1, 2020,says Dr.

Claude Alvares, Director, Goa Foundation.(eom)