The Supreme Court of India has directed Karnataka State Pollution Control Board to re-initiate criminal proceedings against a few persons who had allegedly set up iron ore stockyards illegally at various places in Uttara Kannada district in 2005–06 and for failing to adhere to pollution control norms.
The court issued the directions after finding procedural fault with the process in which criminal prosecution against P. Parimala, D.Y. Mane, Vivek Hebbar and Musheer Ahmed was launched in April 2006 for violating provisions of the Air (Prevention and Control of Pollution) Act, 1981.
In its recent verdict, a Bench of the apex court comprising Justice J.S. Khehar and Justice S.A. Bobde found that a judicial magistrate had taken cognisance of complaints filed by the regional deputy environmental officer, Karwar, who was given “authorisation” by the chairman of the KSPCB.
1981 Act
The court, however, held that the Act empowers only the board or officers authorised by it to file criminal complaints under Section 43 of the Act. Noticing that the board, through a notification issued in 1989, had delegated such powers only to its chairman, the court found that the KSPCB chairman had no power to authorise the regional officer to lodge a complaint.
Though the court set aside complaints lodged before the Judicial Magistrate, First Class-II, Karwar, in 2006, it asked the KSPCB to re-initiate the criminal complaints, as per the provisions of the Act, as the earlier complaints were set aside merely based on technical reasons and not on merit.
The KSPCB has been told to re-initiate the complaints by June 9.
Supreme Court asks KSPCB to re-initiate criminal cases against those who had set up the yards in Uttara Kannada district in 2005–06
