HC disposes of contempt plea against govt filed for PESA Act implementation delay

Jharkhand High Court dismissed a contempt petition from ABM, lifting a stay on sand bank allotments after the state notified PESA Rules.

Jharkhand High Court on Tuesday disposed of a contempt petition filed by Adivasi Buddhijeevi Manch (ABM) and vacated the stay imposed on allotment of sand banks and minor mineral mines.

Jharkhand High Court, Ranchi (Ht File)

ABM convener Victor Malto, who had filed the contempt petition in December, 2024 after the state failed to implement the mandamus given on July 29, 2024, to implement the 29-year-old PESA Act within two months after formulating rule, said, “The court disposed of the contempt petition and vacated stay on allotment of sand banks and miner mineral mines after the advocate general appeared informed regarding the PESA Rule notified by the state,” Malto said.

After the state notified the PESA Rule the ABM had raised an objection saying that it would challenge the matter in the HC. Malto, issuing a press statement had said the state government’s rule was not in accordance with the Parliamentary Act of 1996 and he would raise the matter before high court.

When asked regarding the same Malto’s advocate Gyanendra Kumar Singh said the court while disposing of the petition noted the objection and asked to file a separate petition for the same.

“The court was of the view that merit of PESA Rule could not be decided in this contempt petition and said it could be done by a separate petition. The court however noted the objection. The court disposed of the petition as the government complied with the order,” Singh said.

Advocate general Rajeev Ranjan could not be reached for his comment.