VIJAY DEO JHA
Ranchi, Oct 18: Jharkhand High Court on Tuesday came harsh upon DM of Katihar Udayan Mishra, in a contempt case and fixed November 3 to frame charges against him.
The division bench of Chief Justice Dr Ravi Ranjan and Justice Sujit Narayan Prasad also directed DC of Sahibganj Ramniwas Yadav, who is also an accused of the contempt of court, to be present during hearing on November 3.
They have been charged for non-compliance of the court order where they were asked to ensure that petitioner Prakash Chandra Yadav operates his cargo ship on river Ganga without any hassle.
Earlier, Katihar DM sought exemption from appearance on the medical ground and simultaneously moved a Special Leave Petition (SLP) before the Supreme Court to challenge contempt proceedings against him by the Jharkhand High Court.
But the division bench of the Supreme Court of Justice MR Shah and Justice MM Sundresh dismissed the SLP stating that it cannot intervene in this matter.
During the hearing, the court made certain observations against both the IAS officers related to their connivance with opposite party and allowing wide scale illegal stone mining and transportation.
Sahibganj is the centre stage of illegal mining worth Rs 1,000 Crore and the ED is investigating the case. Illegally mined stone chips are sent to Bihar in ships via river Ganga. The court wondered whether or not illegally mined stone chips were transported to even Bangladesh.
Referring to the official release of the ED, the division bench said that they have read the findings of the ED. The court further stated that while the ED is investigating the matter, the court may also look into this matter.
The court said that due to such reasons and connivance district administration of Katihar (Bihar) and Sahibganj (Jharkhand) did not allow Prakash Chandra Yadav despite permission from the Inland Waterways Authority of India (IWAI). The court further said that despite the clear order from Jharkhand High Court allowing the petitioner to operate ships in river Ganga, concerned district administrations created troubles.
The petitioner charged that even after the court order was passed the permission was denied on the ground that an executive order is required. But Sahibganj DC and SDO of Manihari (Bihar) Sidharth Kumar stated that they always complied with the court order. But the petitioner was not complying with the SOP. However, this is the responsibility of the IWAI to ensure compliance.
October last year, the division bench had passed an order allowing Prakash Chandra Yadav to operate his cargo ship on river Ganga. The petitioner further alleged that despite the court order he was not allowed to operate on a different alibi. The petitioner alleged the district administration of working under influence of Pankaj Mishra, who is Jharkhand CM Hemant Soren’s representative.
Prakash Chandra Yadav is the proprietor of the Jai Bagrang Walee Stone Works. He had filed a petition as the operation of his cargo ship was not allowed in river Ganga between Samda Ghat (Sahibganj, Jharkhand) and Manihari Ghat (Katihar, Bihar) by the concerned district administrations despite he had Roll-on/Roll-off (Ro-Ro) operation permission from Inland Waterways Authority of India (IWAI).
IWAI stated that the operation of vessels by the petitioner would be carried out as per the provisions of Inland Waterways Authority of India Act, 1985, National Waterways Act, 2016, the Inland Vessels Act, 1917 as also the applicable laws of the Government of India. Besides, the Commissioner of Santhal Pargana Division had also given the direction that the petitioner could ferry any number of its vessels/Ro-Ro vessels/barges owned by it or under a valid agreement.
The petitioner said that despite such categorical and unambiguous order, the district administration of Sahibganj and Katihar did not allow the petitioner to operate the cargo ship. And when the Jharkhand High Court passed an order in his favour both district administrations created hurdles hence he is unable to operate and his business is affected.
This dispute is intrinsically woven into an illegal stone mining scam in Jharkhand where the Enforcement Directorate charged Pankaj Mishra, powerbroker Prem Prakash and Mishra’s associate Bacchu Yadav with money laundering through illegal stone mining and transportation of stone chips and boulders.
Ankush Rajhans who is the son of Prakash Chandra Yadav and also proprietor of Enterprises recorded his statement before the ED on June 7th this year. He said that they were given permission by IWAI for operating the inland vessels in Sahibganj, but Pankaj Mishra, Dahu Yadav, Bachhu Yadav and others did not allow him to operate the same and hindered and stopped the same forcefully.
