Petitioner explains modus operandi of Bokhiria and others' in Porbandar mining scam.
Gujarat high court on Friday issued notices to all 22 respondents, including state agriculture minister Babu Bokhiria, during the hearing of the public interest litigation (PIL) with supplementary affidavit.
While filing the supplementary affidavit, BM Mangukiya, counsel for petitioner Dilipsinh Chavda, explained the modus operandi of Babu Bokhiria in the illegal mining of limestone in Porbandar district which could run into more than Rs1,000 crore.
Counsel appearing on behalf of the government, one of the respondents in the PIL, objected to the inclusion of Bokhiria’s name describing the allegations against him as politically motivated and that they could tarnish the image of the government. The petitioner argued that Bokhiria and his associates were all beneficiaries of the illegal mining scam.
“Babu Bokhiria’s modus operandi is to see that he does not get direct lease from the government. Leases have been obtained against different names.
Thereafter, the leases are operated by him through his partnership firms,” claimed the petitioner, adding that Bokhiria, thereafter, obtained contracts of excavation of minerals from the lease holders.
Government pleader Prakash Jani and Bokhiria’s lawyer SI Nanavati argued that the petition does not have any substance to prove the minister’s involvement in the illegal mining case.
“The petitioner has not given any orders issued by the collector or other authorities which have named the minister in the case. Media reports and allegations of the petitioner are politically motivated. It is the state government’s responsibility to maintain the public image of its representative and therefore, the court should not issue a notice to Bokhiria,” Jani argued.
However, the HC bench of Chief Justice Bhaskar Bhattacharya and Justice JB Pardiwala overruled it. “Mere issue of notice does not prove an allegation. It will not prove whether he (Bokhiria) was involved in illegal mining or not. Let him file his reply,” said Bhattacharya.
The petitioner stated that the state government has not taken any action in several cases of illegal mining. The petitioner has sought a CBI inquiry into illegal limestone mining in Porbandar district or the constitution of a special investigation team by the high court.
The court ordered that notices be issued to all concerned and they should file their replies within a fortnight or by October 4 and fixed October 11 for further hearing of the case.
Govt pleads for gag order, HC rejects it
Aggrieved by the media coverage of the involvement of minister Babu Bokhiria in the case, the government counsel pleaded with the chief justice to issue a gag or censor order on the way the case should be covered by the media. But the high court did not allow any such argument. “The state government’s image is at stake as the media are unnecessarily jumping to the conclusion that minister (Babu Bokhiria) is guilty. Image of its minister is the responsibility of the state government and it should be protected,” argued government pleader Prakash Jani.
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