Ranchi — In a strong rebuke to the Jharkhand government, the High Court on Tuesday ordered a blanket stay on the auction of all minor minerals in the state until the PESA law is implemented.
The division bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar was hearing a contempt plea filed by the Adivasi Intellectual Forum, highlighting the government’s failure to frame PESA rules despite clear directions issued in July 2024.
During the hearing, Panchayati Raj Principal Secretary Manoj Kumar appeared before the bench. Dissatisfied with his explanation, the judges asked in a stern voice: “Do you want us to send the Chief Minister and ministers to jail?”
The court noted that the state’s delay undermines the intent of the 73rd Constitutional Amendment, which grants gram sabhas in tribal areas authority over natural resources. The judges remarked that the government’s procrastination was weakening this constitutional mandate.
The state argued that draft rules had been prepared and were pending cabinet and CM approval. However, the bench rejected this as an excuse and called it an “attempt to delay.”
Advocate Ajit Kumar, representing the petitioner, said the government was deliberately stalling while simultaneously entering long-term contracts for mineral leases. “Once rules are framed, gram sabhas will find nothing left to govern,” he warned.
The court had earlier, in July, ordered the government to notify PESA rules within two months. With no compliance, the contempt plea was filed. Following Tuesday’s ruling, all minor mineral auctions remain suspended until further directions.
With inputs from IANS