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LATEST NEWS UPDATES | Jolt to Krishna as HC allows probe into illegal mining case

Jolt to Krishna as HC allows probe into illegal mining case

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published Published on Jan 21, 2012   modified Modified on Jan 21, 2012

-The Times of India

 

The Karnataka high court on Friday allowed investigation against external affairs minister SM Krishna and JD(S) leader HD Kumaraswamy responding to a private complaint about illegal mining.

Partly allowing their petitions seeking the quashing of the complaint, Justice N Ananda ordered the continuation of Lokayukta investigations in respect of Krishna dereserving forest land for mining and Kumaraswamy favouring a firm.

The judge observed: "The dereservation was in contravention of the provisions of the Forest Conservation Act and Forest Conservation Rules. Whether it was deliberate or inadvertent cannot be decided at this stage. Whether it was a collective decision or an individual one, and whether criminal liability can be attached to the petitioner (Krishna), is a matter of investigation, particularly when the Karnataka Lokayukta has stated that the decisions taken by the meeting are missing in the file and what was found in the file was only notification. There is no bar to prosecute the petitioner under Section 12(3) of the Lokayukta Act."

The judge gave Krishna some relief by quashing charges of mismanagement of Mysore Minerals Ltd by him on the ground that "though it was a state-owned company, the chief minister (Krishna) cannot be connected to the management of MML".

Complainant TJ Abraham had alleged that the Krishna government issued 82 permits in 2004 and 59 in 2006 to dereserve forests. A cabinet decision to this effect was taken on December 16, 2002 and a notification was issued on March 15, 2003.

Krishna contended that not a single mining lease was issued during 1999-2004 when he was the chief minister. He further maintained that it was a cabinet decision; he alone cannot be held responsible for that. The mining leases in the dereserved forest areas were issued after he demitted office.

In Kumaraswamy's case, the judge quashed references to the Rs 150-crore bribery charge made by G Janardhana Reddy, and to renewal of the mining lease of Jantakal Mining Company.

Reacting to the HC order, Krishna's legal team said the decision was taken by 34 members of his cabinet. "He had ministers in charge of mining and also forests unlike his successors," they said.


The Times of India, 21 January, 2012, http://timesofindia.indiatimes.com/india/Jolt-to-Krishna-as-HC-allows-probe-into-illegal-mining-case/articleshow/11573757.cms


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