FOMENTO RESOURCES PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This group of petitions challenges a commission of inquiry report called "The Third Report dated 14 October 2013 under the Commission of Inquiry Act of Mr. Justice M.B. Shah (Retired)", in so far as it relates to purported findings and recommendations in it vis-a-vis the Petitioners. The petitions also seek a writ of mandamus, commanding the Respondents-State, Respondent No.1 being the Union and Respondent No.2 the State of Goa, not to act in any manner in furtherance of the Shah Commission Report.

(2.) The Petitions contain allegations of more or less similar nature, though individual facts and particulars concerning each of the Petitioners may be different. The thrust of their contentions, however, is the same. All the Petitioners complain of serious violation of principles of natural justice, particularly having regard to the procedure required to be followed by the Commission and, in particular, Section 8-B and 8-C of the Commission of Inquiry Act, 1952. These latter provisions mandate that persons, who are likely to be prejudicially affected by the proceedings or report of the Commission, have to be heard and should also have the right of cross examination and representation by a legal practitioner. It is the grievance of all the Petitioners that prejudicial findings, which tend to affect their reputation, have been rendered by the Commission against them without following these mandatory provisions. Considering the nature of the Petitioners' grievance, Writ Petition No.606/2014 is taken as the lead Petition, the facts and averments in which are set out and discussed in the order below as representative facts. Petitioner No.1 in Writ Petition No.606/2014 is said to be a trader and exporter of iron ore/coal/coke, etc. Petitioner No.2 is its director.

(3.) In view of reports received from various State Governments of widespread mining of iron ore and manganese ore in contravention of various laws, the Central Government, sometime in November 2010, appointed a Commission of Inquiry under the Chairmanship of Shri Justice M.B. Shah (Retired) ('Commission'). The Commission was appointed under Section 3 of the Commission of Inquiry Act, 1952 ('Act'). The terms of reference of the Commission included inquiry into, and determination of, the nature and extent of mining, trade and transportation of iron ore and manganese ore done illegally or without lawful authority and the losses arising therefrom, as also identification of, as far as possible, the persons responsible, and of the extent to which the regulatory and monitoring systems had failed to deter, prevent, detect and punish offences relating to mining, storage, transportation, trade and export of such ore done illegally or without lawful authority and the persons responsible for the same. The Commission was expected to also recommend remedial measures to prevent such mining, trade, transportation and export done illegally or without lawful authority.