Won’t be guided by panel report alone: SC

Goas counsel pointed out that the new government had come to power only last year.

Manohar Parrikar-led Goa government made a vehement appeal to the Supreme Court Wednesday that it should be given a chance and left alone for some time to judge efficacy of its actions against illegal mining in the state. Goas counsel pointed out that the new government had come to power only last year and it had already swung into actions to control mining activities.

The argument found favour with the green Bench led by Justice A K Patnaik,which said: It is a legitimate argument. It flows from the principles of federalism; from the principles of separation and division of power. The Bench also asked Goas counsel Arvind Datar if the state was willing to take actions on the basis of Justice M B Shah Commission report that indicted government agencies and miners for violating all norms. Datar replied that Goa was willing to take all requisite steps but not by blindly following the Shah Commission report.

We will verify the findings in the report and then take actions. The commission has gone wrong on various facts as well as on law, he said. Datar also complained that the report was vitiated by the fact that no opportunity was given to the state to defend the accusations before it was blamed for wrongdoings.

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Datar also contended that effective public hearings were also given a go by before concluding the report an argument that was accepted in the court by A D N Rao,counsel for the court-appointed Central Empowered Committee (CEC).

The Bench then made it clear that Shah Commission report was not binding on it and that it was not going to solely rely on it. And if we decide to rely on certain parts of the report,we will give you an opportunity to contest the findings. We are only going to protect Article 21 (right to life), it said.

The court,however,cautioned the counsel for Goa and miners against raising technical arguments against Shah Commission report,asserting that CEC as well as the states own Public Accounts Committee had also cited illegalities.

Goa concluded its arguments,requesting the court to lift its interim ban.

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Solicitor General Mohan Parasaran initiated the arguments on behalf of the Centre and admitted that certain environment clearances granted to Goa mining firms during 2005 to 2010,were indefensible. He would resume his arguments Thursday.

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