BENGALURU: Special Court for Lokayukta Cases on Thursday castigated Special Investigation Team (SIT) probing illegal mining for making the accused witnesses for reasons known only to them.
Philip J Jacob, the proprietor of M/s Amalgiris, allegedly exported 13,400 MT ore to China from Belekeri port out of 14,483 MT purchased by him.
But except accused No.1 (G B Shivakumar, proprietor of M/s GBS Transports) and 2 (G S Gopala Krishna, partner of M/s Balaji Roadlines), who are the first purchasers, the rest are not the accused in the case despite the existence of sufficient material to reveal their prima facie involvement in committing the alleged offences, said KM Radhakrishna, Judge, Special Court for Lokayukta Cases.
The SIT registered the crime in 2015 against Jacob, who has been made a witness in the charge sheet now, and unknown government officers, officials and private individuals under the provisions of IPC, Prevention of Corruption Act, Mines and Minerals (Development and Regulations) Act, on the charges of exporting iron ore 38,300 MT illegally from Belekeri port to M/s Devi Trading Company Limited in China, in 2009 and illegally gained Rs 4.72 crore and caused crores of rupees loss to the state’s exchequer.
Noting that there are no reasons to cite them (the accused) as prosecution witnesses instead of accused persons, the court noted that when the entire transaction in respect of stolen 39,861 MT of iron ore is alleged to be illegal, such illegality and the transportation of the ore from one destination to another is highly impossible, in the absence of active participation or cooperation by the officers and officials from departments of mines and geology, forest, commercial tax, transport authority, port and customs authority including the service providers, the court said.
The court said no investigation is seen to have been carried out pertaining to the involvement of these authorities and joining their hands with the dealers mentioned in the case in committing the offences. There should be no exception for these authorities either in the matter of enjoying the privileges or to escape from their criminal liabilities, if found involved in committing the offences and needs to be viewed seriously, the court observed.
“The trial is in progress. Meanwhile, this court felt the necessity of framing additional charges. But there is need for further investigation in the matter against those whose involvement is forthcoming in committing the alleged offences”, the court said while keeping in abeyance the trial for now while also directing the Additional Director General of Police, SIT, Karnataka Lokayukta, to carry out further investigation and submit an additional final report within two months.