Should CM and Ministers Face Jail Time? Jharkhand HC Halts Minor Minerals Auction Until PESA Law is Implemented

Ranchi, Sep 9 (NationPress) The Jharkhand High Court issued a definitive order this Tuesday, placing a full ban on the auction of all minor minerals, including sand ghats, across the state.

The court criticized the state government for its procrastination in enforcing the Panchayat (Extension to Scheduled Areas) Act (PESA), emphasizing that the stay on auctions will persist until the law comes into effect.

A division bench led by Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar was reviewing a contempt petition brought forth by the Adivasi Intellectual Forum, which highlighted the government's failure to establish and announce PESA regulations despite a court order from July 2024.

During the proceedings, Manoj Kumar, the Principal Secretary of the Panchayati Raj Department, appeared before the bench.

Unimpressed by his justifications, the bench sternly questioned, “Are you suggesting we should imprison the Chief Minister and ministers?”

The court remarked that the state government was compromising the essence of the 73rd Constitutional Amendment, which grants local bodies in tribal regions authority over land and natural resources. It was noted that the government’s delays were undermining constitutional duties.

The government informed the bench that a draft of the PESA rules was ready, and feedback had been requested. The subsequent step would be obtaining approval from the cabinet and the Chief Minister.

However, the bench expressed “significant dissatisfaction” with this response, interpreting it as a blatant attempt to postpone necessary actions.

Senior advocate Ajit Kumar, representing the petitioner, argued that the government was intentionally delaying progress while simultaneously facilitating long-term leases and auctions of sand ghats and minor mineral mines.

“By the time the rules are established, there will be nothing left for the gram sabhas,” he asserted.

In July 2024, the High Court had mandated the government to implement PESA rules within two months, ensuring alignment with the objectives of the 73rd Amendment and the provisions of the PESA Act. However, due to continued non-compliance, the Forum filed a contempt petition.

Previously, on August 5, the same bench had interrogated the government regarding the non-implementation of PESA, despite court directives, and ordered it to submit a comprehensive affidavit.

Following Tuesday’s ruling, all auctions of minor minerals in Jharkhand are now prohibited until further notice.