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Bail for Union Carbide chief challenged

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NK SINGH Bhopal: A local lawyer has moved the court seeking cancellation of the absolute bail granted to Mr. Warren Ander son, chairman of the Union Carbide Corporation, whose Bhopal pesticide plant killed over 2,000 persons last December. Mr. Anderson, who was arrested here in a dramatic manner on December 7 on several charges including the non-bailable Section 304 IPC (culpable homicide not amounting to murder), was released in an even more dramatic manner and later secretly whisked away to Delhi in a state aircraft. The local lawyer, Mr. Quamerud-din Quamer, has contended in his petition to the district and sessions judge of Bhopal, Mr. V. S. Yadav, that the police had neither authority nor jurisdiction to release an accused involved in a heinous crime of mass slaughter. If Mr. Quamer's petition succeeds, it may lead to several complications, including diplomatic problems. The United States Government had not taken kindly to the arrest of the head of one of its most powerful mul...

Shivraj's somersault on sand mining

NK SINGH


Less than five months ago, Chief Minister Shivraj Singh Chouhan was adamant that MP Government would not ban sand mining. He said that although he was committed to check illegal mining, but “stopping legal sand mining was not the right thing to do”. The Chief Minister was responding to a Congress demand for ban on sand mining on December 10, a day ahead of the commencement of his much-touted Narmada Seva Yatra.

Two months later, on January 30, he ordered a crackdown on sand mafia after a fearless mining inspector of Sehore, Chouhan’s home district, seized four overloaded truck owned by one of his nephews, embarrassing Chouhan and kicking up a political storm. In an attempt to clear his name, he praised the mining officer “for not succumbing to any influence”. But he was equally clear that stopping sand mining was not the answer. He instructed the district collectors in a video conference: “The mining department should ensure that legal mining and transportation (of sand) does not get affected. Those who are engaged in mining operation with government permission should not face problems.”

This week, MP Government did a somersault. In a surprise decision, it imposed a blanket ban on sand extraction from Narmada. The ban also included ‘legal mining’ that Chouhan was so much concerned about earlier. At a hurriedly conveyed press conference, the CM also announced a ban on mechanised sand mining all over the State. The union environment ministry had banned mechanised sand mining through an environmental impact assessment notification issued in 2006, but MP Government had refused to implement the ban for the past 11 years.

What caused the Government to wake up from its slumber? The blanket ban is also a tacit admission of government’s failure to stop illegal mining that is controlled by a politically powerful mafia. That it was a knee-jerk reaction was also clear from the timing. Prime Minister Narendra Modi had visited MP on May 15 to participate a much-publicised campaign to save Narmada. Blanket ban on sand mining is a big ticket political decision. So the proper venue for it was the rally at Amarkantak, in the PM’s presence. But no announcement was made then.

What happened during those 7 days between May 15 and May 22?

On March 17, Kamal Patel, a BJP strongman and a former minister in Shivraj cabinet, had openly alleged that illegal mining was flourishing in four adjoining districts of Harda, Sehore, Hoshangabad and Dewas under patronage of the administration. Three days later he rushed to National Green Tribunal with horrifying evidences of deep water mining ---- videos and photographs of heavy machinery and huge roads built illegally inside the river to extract sand. Chouhan’s relatives’ alleged involvement in illegal mining ---- his nephew was fined Rs 1.58 lakh in February ---- had hardly improved his image. Hence the sudden decision to ban mining.

The second part of the drama, enacted on political chessboard was even more interesting. Patel specifically accused the Collector of Harda, his home district, of complicity with sand mafia. Even as he was filing his complaint with National Green Tribunal, the Collector issued orders to extern his son from the district under National Security Act. Patel alleged that his son was being targeted because he had questioned administration’s role in sand mining. “The externment case was pending with the Collector for one and a half years, but he issued the externment order the day I alleged his complicity with sand mafia.”

Patel is quite influential in Harda district. Although he had lost last assembly election by a small margin, his daughter-in-law is the president of the district panchayat and the son who was externed heads the janpad panchayt. All these are elected positions that show his clout in the area.

Acting on Patel’s complaint, Government initially transferred the Collector to a loop line posting at Bhopal the day after he issued the externment order. However, in a bizarre development the order was cancelled after a couple of days as Government realised that that the transfer demonstrated that it had buckled under pressure. Earlier the Government had transferred the district mining officer of Harda after Patel had come out with evidences of flourishing illegal mining.

But as Patel continued to mount pressure in Delhi, by weekend BJP issued a show-cause notice to him, threatening suspension for “anti-party activity”. Patel was out of synchronisation with the current dispensation at Bhopal. BJP may even show him the door. But he has already scored a major victory. A blanket ban on sand mining in Narmada is no mean achievement. And there was no doubt that Kamal Patel was its catalyst.

Powers That Be, my column in DB Post of 28 May 2017

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