Why Odisha Needs Special Courts For Mining Cases?

OB Bureau

February 23, 2022 10:43 am

Cuttack: The Orissa High Court has asked the state government to expedite the process of establishing special courts to ensure speedy trial of offences involving illegal mining.

“This court expects the state government to take necessary effective steps in that regard at the earliest in consonance with the provision under section 30-B of the Mines & Minerals (Development and Regulation) Act, 1957 for constitution of special courts for speedy trial of offences,” a single-judge bench of Justice SK Sahoo said on Monday.

The Judge cited the importance of mines in Odisha, revenue generated from it, and the rise in crimes reported under the MMDR Act, while adjudicating an anticipatory bail application filed by one Prasannajit Nayak, for alleged theft of minor minerals.

The case registered under IPC and MMDR Act at the Jakhapura police station was pending in the court of the Judicial Magistrate First Class.

Justice Sahoo stressed the need for special courts, taking into account the purpose of amendment made in the MMDR Act in 2015, particularly making stronger provisions for checking illegal mining and further the fact that the penal provision had been made more stringent by prescribing higher penalties up to Rs 5 lakh per hectare and imprisonment up to five years.

The Advocate General had also made a positive statement before the court that the state government is not against the constitution of special courts under Section 30-B of the MMDR Act, the order added.

Notably, the Advocate General had furnished a list of 545 illegal mining cases that were pending in different police stations across 30 districts. Among them, 99, 195 and 251 illegal cases had been registered in Mayurbhanj, Keonjhar and Sundargarh respectively. On the other hand, the district judges had also submitted reports about 943 illegal mining cases pending in subordinate courts.