Goa court discharges ex-CM Digambar Kamat, 16 others in mining case
Kamat’s lawyer Damodar Dhond said the Panaji principal district and sessions judge had discharged all the accused
PANAJI: A Panaji court on Friday discharged former Goa chief minister Digambar Kamat and 16 others in a corruption case registered in connection with alleged irregularities in the renewal of Goa’s mining leases.
Kamat’s lawyer Damodar Dhond said the Panaji principal district and sessions judge had discharged all the accused. A copy of the order is yet to be made available.
“The court was of the view that no case was made out against the accused and hence issued discharge orders,” Dhond said.
The case against Kamat and others was filed in 2014 by the special investigation team (SIT) probing cases based on the MB Shah Commission report and accused Kamat and others under provisions relating to criminal misconduct under the Prevention of Corruption Act.
Kamat, who was previously in the Congress, joined the Bharatiya Janata Party (BJP) in September 2022.
The Justice MB Shah Commission report, that was set up by the Union government to probe allegations of illegal mining in Goa and Orissa, had faulted the state government then headed by Congress chief minister Digambar Kamat for allowing holders mining Portuguese concession holders to convert their old concessions into leases.
In 1987, following the enactment of the the Goa Daman and Diu (Abolition of Concession and Declaration as Mining Leases) Act, 1987 passed by Parliament, mining concessions granted by the Portuguese were declared to be leases as defined in the Mines and Minerals Development Act, 1954 with a fixed validity.
Holders of Portuguese concessions were given six months to apply for conversion of their concessions into leases following which the concessions would be deemed to have expired.
During 2007-2012, Kamat’s government based on applications by persons claiming to be acting on behalf of the old concession holders, allowed the revival of the old concessions by condoning the delay in applying for a conversion from a concession to a lease.
The Shah Commission said it “observed in 42 cases the delay in filing renewal applications has been condoned by the State Government when the applications were filed after the due date, i.e. 24.11.1988.”
“While there is no statutory provision to condone the delay in these cases, the State government went ahead and wrongly interpreted provisions of rule 24A(10) of MCR (Mineral Concession Rules) and accorded renewals. The Commission observed irregularities and suggested case-wise action against the State government officials and concerned ministers of the state government who condoned the delay,” the report said.
In his statement, former principal secretary Rajiv Yaduvanshi said that it was on the instructions of Kamat, the then mines minister, that he followed a wrong procedure to condone the delay in filing of over 40 mining lease renewal applications during his tenure.
Goa’s mining leases were granted as concessions in perpetuity by the colonial Portuguese government. However, the Government of India, converted the concessions into mining leases as defined under the Mines and Minerals Development Act, 1954 which came with an expiry date. These leases expired in 2007.