To, The Division Bench/ The Registrar, The Hon. Supreme Court of India, Tilak Marg, New Delhi-110 001 (India)
supremeco...@nic.in<supremeco...@nic.in?subject=Query/suggesions%20coming%20from%20the%20website%20of%20Supreme%20Court%20of%20India> Date: 13 Sep 2013 *Sub: Malafide Intentions to lift mining ban in Goa* Dear Sir, It is my understanding that a review petition is being moved in the Honourable Supreme Court of India on 17th September 2013 with regard to the mining issue in the state of Goa. Being a citizen of Goa, I am very much concerned that lifting this ban will be catastrophic for Goans and lead us to disaster. As an affected party, I would like to petition the Division Bench on the following facts for reconsideration vis-a-vis the attempts made by certain self interested individuals and political parties to kick start and accelerate the alleged illegal mining process in Goa through cynical and misleading review petitions and affidavits. 1. On reports of large scale illegal mining and failure of states to effectively curb this menace, the Union Government had set up the one-man panel in November, 2010. The judicial commission had slammed former Chief Minister Digambar Kamat headed by the Congress party for not acting against illegalities in the mining sector despite knowing about them. The Commission, which recommended a total ban on iron ore and manganese ore exports, has submitted two interim reports. Of this, one was on illegal iron ore mining across the country and the other on illegal mining in Goa. The justice MB Shah commission had estimated losses to the exchequer arising from illegal mining in Goa to be around Rs 35,000 crore. 2. The Crime branch in Goa has registered a first information report (FIR) against politicians, bureaucrats, mine owners, officials of the mines department and others as identified in reports by the Supreme Court's central empowered committee (CEC), state assembly's public account committee (PAC) and the Shah commission. Barring officials of mines and geology department, no politician or mine owner has been named in the FIR, this despite the Shah Commission naming former chief ministers Digambar Kamat and Pratapsingh Rane in its report. Every successive government from the Congress and BJP have failed to act against the rampant illegal mining and the only hope today for the common man is the Supreme Court to ensure that the guilty will not be spared and a justice will be done. 3. The current government headed by the BJP under the Chief Ministership of Manohar Parrikar had been a mute spectator when he was the Chief Minister from 2000 to 2005 and illegal mining flourished unabated under his cabinet colleague Digambar Kamat during this period. He began crying foul only after being dislodged from the Government and when he was the leader of opposition in the house. 4. The present government under the leadership of Manohar Parrikar had found large scale illegalities in mining in the State of Goa when he formerly headed the Public Accounts Committee in the Goa Legislative Assembly as the Leader of Opposition. He rode on a huge public sympathy and popularity on illegal mining to form the next government after the Congress rule with a promise to clean up the mess on illegal mining and its associated large scale corruption. Other factors like the huge doles announcements too contributed towards his victory in the election. He acted faster than the speed of lightning to suspend the then director of mines on assuming power and to revoke the mining licenses to keep up the election promises. However recently the government has reversed many of its decisions and with these U-turns and Flip-Flops, they have already begun the formalities to withdraw all the suspensions of mining leases in haste since the state’s finances are in a very pathetic state and servicing the assured unsustainable doles promised during the election manifesto has now become highly unsustainable. This desperation of the state government has been highly evident in the form of permissions granted to offshore casinos like HorseShoe Casino which the state government once boasted were not required for any revenue generation for Goa but has now admitted as needed. These events have taken place under certain political pressures without a fair investigation on the leases and also in collision with certain sections of stakeholders belonging to the mine owners, ruling and opposition politicians, government officials, and officers from the department of Geology and Mines, and officials from the ministry of environment and forests. This is a complete Volte-face on the part of the current Government which had promised to clean up the mess and corruption associated with the large scale illegal mining. The acts are not only deplorable but also will do grave injustice to the common man who has to endure the long term effects of illegal mining in the form of ecological, social and economic disasters. 5. Over the years there have been a nearly a dozen cases and incidents of attacks on anti-mining activists and no progress has even been made to book and prosecute the culprits. Some of the mining activists have also lost their lives in tragic and mysterious circumstances. This clearly establishes the alleged nexus between the government officials and mine owners to harass innocent activists who are pursuing legal and peaceful battles against illegal mining. The attack on mining activists in Goa has made headlines in leading newspapers and electronic media but being one of the smallest state which does not get publicity for the injustices faced, these cowardly acts on civilized society have not caught the attention of the international community. 6. The coming together of opposition and ruling legislators cutting across party lines in recent days is just an eye wash by the legislators to fool people by expressing sympathy towards people who depended on mining for their source of income. The fact is that majority of the past and present serving legislators have their pockets and businesses deep into the mining industry. The statistics of people’s livelihood affected by mining has been highly manipulated. The mining boom of the last decade and greed for more iron ore from hungry countries like China and Japan has given handsome returns above industry expectations to all the people involved in this business. Most of the people in this industry are long term players and have reaped huge profits on their investments of manpower, machinery and transport. There are no credible figures to substantiate the loan amounts and the people registered in this business which is run in collision with the government officials, mine owners from the influential Salgoankars, Dempos, Bandodkars, Chowgules, Aggrawals, Sesa Goa, and exporters. The level of influence of these mine owners over policy makes, The Legislature and The Executives is so vast that if compared with the official publication of Forbes ratings of the 100 most influential people and wealthiest people in the world they will emerge in the top 10 spots. 7. I being a citizen of Goa am an affected party. The iron ore deposits are the wealth of Goa and its native citizens to whom it should lawfully belong. My forefathers lived here under the Portuguese rule and Goa existed much before even the republic of India or the Union of India was formed. Apparently, mining in Goa before it was annexed in 1961 by the Union of India was more controlled and sustainable one. The mining of the present day is alleged to be illegal, robbing Goa and its native Citizens of their natural wealth. The common man has lost faith in the present day governance and its democratic institutions. Corruption is widespread and rampant. The only hope for the common man today is a fair justice by none other than the Courts. In deciding this case, I pray that I too be made party to this hearing as an affected party because my constitutional right to freedom of expression as guaranteed by the Constitution of the Union of India has been violated. I have lost faith in the democratic institutions and look forward towards the judiciary. The elected Governments work on vote bank politics and then renegade on their promises after winning elections. They turn stone deaf after getting elected. Our petitions and representations to Governments whom we elect end up in the dust bin. Once elected, these governments run according to their whims and fancies and our concerns and freedom of expressions are curtailed. The best example is this present Government headed by the Chief Minister Manohar Parrikar who has renegade on all his pre-poll promises to clean up the mining mess. The government has to be for the people, by the people and of the people but I fear that facts will be manipulated or misrepresented by the present Government of Goa which has lost the trust of its people and so my voice needs to be heard under principles of natural justice. The Constitution of the Union Government of India has not given me, a citizen of Goa any provision to recall an elected representative as is the case in some of the most civilized and democratic countries in the world where governors, Presidents (example Richard Nixon of USA) and representatives have been recalled or asked to resign for acts of omissions, deception and perjury. Nor do I enjoy and rights under this constitution to have elected representatives to be impeached by the people. Hence I fear that our voices will be manipulated and a government that renegades on its promises cannot be trusted to be the voice and representative of its people. Therefore, in deciding this petition, I pray that I too be made party to the arguments in the court of law along with other affected people and NGO and mining activists so that I exercise my right to freedom of expression in a true spirit of having justice being done. 8. The citizens of Goa are highly affected by the mining dumps. There are almost 19 mines operating within close proximity of the main water resource supplying almost the entire south of Goa. Recent investigations have found a high content of manganese deposits in the potable water supplied to the households. The presence of radioactive elements and chromium has also not been ruled out. These carcinogenic metals and minerals have detrimental health effects on the innocent tax payers who are subject to wrongful decisions of unfit people in power. It is highly desirable that a panel empowered by a Supreme Court Committee verifies and authenticates the water quality before restarting mining in the state. Also the final report of the justice Shah Commission should be given a fair consideration before mining is started. 8. Recently it was reported in one of the leading news channels that the Chief Minister taking on Supreme Court, having said it(SC) was not adhering to the judicial doctrine of "justice delayed is justice denied" when it came to Goa with regard to the mining issue. This rhetoric towards the mining affected businesses just goes to show the credibility of the elected representative and their hypocrisy when so much of injustice has been done to the common man with regards to the failure of law and order machinery in Goa, rapes on minor children at school, attacks on civilized society and anti-mining activists and large scale rise in burglaries and prostitution. It is as if Goans are witnessing a new era of resurrecting Nazism in Goa without any fear of Contempt of Court. 9. There are reports that a lot of mined ore is still lying idle. We pray that the Shah Commission be allowed to complete its task and verify the authenticity of the mined ore on its status of legality. 10. There are no environmental policies in place to follow procedures after mining activity has ceased in an area. The process of restoring the mined area to its ecological balance has not been followed. The open pits pose a potential hazard to human beings and machinery. No efforts have been made to minimize of mitigate the effects of noise and dust pollution. Most of the machinery is very old and not being tested or recalibrated. There is a grave concern on the occupational health and safety procedures being implemented to protect humans from bodily harm and injury. 11. It is being reported that the ministry of finance and the current finance minister is very keen to restart mining in Goa to rescue the messed up economy of the Indian Government which has been in doldrums. With fiscal consolidation in a big mess and all attempts to reduce the current account deficit ending in failures, the recent depreciation in the value of rupee holds the key to export the mined ore lying idle in Goa because this will help in reducing the CAD by a huge margin. This rush through by the finance ministry should not be allowed which will result in looting this wealth of Goa. By this petition, I pray that I be made party in this hearing to voice my concern as a citizen and prevent my constitutional right to freedom of expression being manipulated by the government of Goa. Thanking You. Sd/- Rupert Coutinho rupertcouti...@gmail.com A Citizen of Goa; Always a Goan and Proud to be a Goan; CC to: 1. Ministry of Environmental and Forests, Union Govt. of India 2. Ministry of Finance, Union Govt. of India 3. Directorate of Mines & Geology Government of Goa<http://www.google.co.in/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&cad=rja&ved=0CCoQFjAA&url=http%3A%2F%2Fwww.goadmg.gov.in%2F&ei=rdkyUsv3DKTmiAeXuoDIAQ&usg=AFQjCNFWD_Vg7fJ_elGw0QXL2W3c4XX7sw&sig2=dP3j5-9weC-dWOvPB9yFsA&bvm=bv.52164340,d.aGc>