SC seeks replies on CBI challenge to relief for MSPL in Belekeri ore case

The CBI challenges a Karnataka High Court order quashing proceedings against MSPL over alleged illegal iron ore procurement and exports; replies are due in two weeks.

The Supreme Court on Wednesday issued notice on the CBI's challenge to a Karnataka High Court order quashing criminal proceedings against MSPL Ltd, its directors and others in a case concerning alleged illegal procurement and export of iron ore through Belekeri port.

 

A bench headed by Chief Justice of India Surya Kant and comprising Justice Joymalya Bagchi and Justice V Mohana directed the respondents to file their replies within two weeks.

 

The high court had quashed the CBI proceedings on the ground that the agency lacked jurisdiction to prosecute the accused as the quantity of iron ore forming the basis of the chargesheet was below the 50,000-tonne threshold prescribed by the Supreme Court in its proceedings concerning illegal mining in Karnataka.

 

 

Appearing for the CBI, counsel submitted that the investigation stemmed from the Supreme Court's directions in the illegal mining matter and that the issue before the bench was distinct from the question earlier considered by the court.

 

The bench, however, questioned the delay in completing the investigation, particularly the period between registration of the FIR and filing of the chargesheet.

 

The FIR was registered in 2013, while the chargesheet was filed in February 2022. The CBI has invoked, among other provisions, Sections 411 and 420 of the Indian Penal Code (IPC), now replaced by the Bharatiya Nyaya Sanhita (BNS).

 

Senior advocate Dama Seshadri Naidu, appearing for MSPL, opposed the CBI's plea and said the company had neither mined nor transported the iron ore in question.

 

"I am not the miner. I am not the transporter. At the port I purchased it," Naidu submitted.

He argued that allegations relating to illegal mining had no connection with MSPL's role, as it had purchased the ore at the port from suppliers. He also disputed allegations concerning shell or fictitious companies.

 

Referring to the CBI's chargesheet, Naidu submitted that the agency had not implicated MSPL in illegal mining or transportation. According to him, the allegation against the company was limited to its failure to verify the validity of permits produced by suppliers.

Naidu further pointed out that the quantity covered by the chargesheet was 39,480 tonnes, below the Supreme Court-prescribed threshold.

 

Despite these submissions, the Supreme Court decided to examine the CBI's challenge and issued notice to the respondents. The matter will be listed after completion of pleadings.