‘Should we send CM, Ministers to jail?’: Jharkhand HC stays minor minerals auction till PESA law enforced

Ranchi, Sep 9 The Jharkhand High Court on Tuesday ordered a complete stay on the auction of all minor minerals, including sand ghats in the state.

The Court also came down heavily on the state government for delaying the implementation of the Panchayat (Extension to Scheduled Areas) Act (PESA) and said that until the law is enforced, the stay on auction will remain.

A division bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar was hearing a contempt petition filed by the Adivasi Intellectual Forum over the government’s failure to frame and notify PESA rules despite a July 2024 order.

During the hearing, Manoj Kumar, Principal Secretary, Panchayati Raj Department, appeared before the court.

Dissatisfied with his explanations, the bench, in a stern tone, asked: “Do you want us to send the Chief Minister and ministers to jail? Is this your suggestion?”

The court observed that the state government was undermining the spirit of the 73rd Constitutional Amendment, which empowers local bodies in tribal areas to control land and natural resources. It was remarked that the government had been procrastinating, thereby weakening the constitutional mandate.

The state informed the bench that a draft of the PESA rules had been prepared and objections and suggestions had been sought. The next step, it said, was to secure the cabinet and the Chief Minister’s approval.

The bench, however, expressed “deep displeasure” at this reply, calling it a clear attempt to delay.

Senior advocate Ajit Kumar, appearing for the petitioner, argued that the government was deliberately stalling while simultaneously moving ahead with long-term auctions and leases of sand ghats and minor mineral mines.

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The High Court, in July 2024, had directed the government to notify PESA rules within two months. It had been said that they must align with the objectives of the 73rd Amendment and the provisions of the PESA Act. However, with no compliance to date, the Forum moved a contempt petition.

Earlier, on August 5, the same bench had questioned the government over the non-implementation of PESA despite court orders and directed it to file a detailed affidavit.

After Tuesday’s order, all auctions of minor minerals in Jharkhand stand barred until further notice.

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