Nation can’t be exploited to enrich a few: Justice Patnaik (Herald)

Nation can’t be exploited to enrich a few: Justice Patnaik September 26, 2013 TEAM HERALD NEW DELHI: “This country is for everyone... for the farmer, the agricultural labourer, every individual including those involved in trade and commerce and government services... The country cannot be allowed to be exploited to enrich a few.” These were Justice A K Patnaik’s stern words to the State government wherein the court also asked the government to “think about it” and return with a “regulatory mechanism that is solid” to get ready once mining restarts. The State government also said that it would not take action based on the Shah Commission report but on its data verification. In a day filled with drama, miners were seen on their feet for most of the day’s sessions guardedly watching the proceedings as the judges’ made observations and anecdotes were cited as part of State government’s submissions, as the mood in the Courtroom sway. “Even if we have to develop an economy it has to be inclusive, even the Prime Minister has been talking about inclusive growth. Mining cannot subvert the common good. If mining serves the common good, we shall allow it only to that extent,” the judge observed. But in reality “elections are fought, funds are brought in, etc... this has to stop, no matter what you say. It is the job of the SC to ensure this. If the SC does not do [this] then, who is going to do this. It is unfortunate that we have such a system where the rich can afford very good counsels... We want the state to think of these people,” Justice Patnaik observed. “We want the reaction of the State government... We don’t want to stop it, but why are your systems failing? Tell us how we are to strike a balance?” Justice Patnaik questioned. “Why is there a breakdown?... and a breakdown to this extent?” he asked. State counsel Arvind Datar proposed that the a committee be set up headed by the Lokayukta including NGOs, officials etc. as an ad hoc measure till an independent regulatory body on the lines of SEBI or TRAI is put in place constituted by the central government to monitor mining across the country. “Let the Centre set up something on the lines of SEBI, with proper parliamentary sanction,” Adv Datar said. “Whoever is appointed, must have the teeth to suspend mining. He should be tough,” the court said even as it pointed out in the case of Karnataka when the Lokayukta submitted a strong report... it was not accepted. The court however asked the State counsel to cogitate about it further. Adv Datar further admitted that the State wants to start afresh and that there were irregularities that were pointed out in the past. “Things were bad, yes, but we want to start with a clean slate,” Adv Datar said, adding that the State has already lost a lot of time and has to survive without 25% of its revenue. The State government is expected to submit a foolproof regulatory mechanism possibly by next week. http://www.heraldgoa.in/News/Local%20News/Nation-can-rsquo-t-be-exploited-to-enrich-a-few-Justice-Patnaik/79915.html