SC raps its Central Empowered Committee on mining

The Supreme Court today rapped the court-appointed Central Empowered Committee (CEC) after it got an inadequate response on a query and warned that the high- powered panel may be disbanded.
"We may need to have a word with (Harish) Salve (amicus). Did you take a view on the representation (of a firm)," a three-judge bench headed by Justice Ranjan Gogoi said, adding that it could think of disbanding the CEC, a court-appointed high-powered panel set up to inquire into irregularities in mining activities.
It took note of the response of a CEC member who replied to its queries while sitting on a chair.

The bench also did not take lightly the submission of A D N Rao, representing the CEC, when he submitted that the panel does not have power to override the orders of this court.
The apex court was hearing a review plea of Karnataka's Lakshmi Naraswimha Mining Company Pvt Ltd.
Senior advocate Kapil Sibal, appearing for the firm, said the firm, earlier put under the 'C' category of mining, was given an opportunity of hearing by the CEC which was of the view that the firm may be upgraded to 'B' category.

The bench, also comprising Justices R K Agrawal and N V Ramana, asked Rao to apprise it of the response of the CEC.

Rao said that CEC, after examining the plea of the firm, was of the view that its mine can be upgraded.
"The CEC only makes recommendation in the form of report and it does not have power to amend the order passed by the apex court," Rao said, which irked the bench.
"You have to draw the line somewhere. You are saying that the CEC does not have the power to amend the order of the court. When asked, the officer is simply sitting on chair and nodding. If the situation is so, we have to disband the CEC," the bench said.

The court also issued notice to the CEC and Karnataka government on the review plea of the firm.
The CEC had put the leases of iron ores into 'A', 'B' and 'C' categories based on the level of illegalities and irregularities allegedly resorted by them. The licences of 'C' category were ordered to be cancelled while 'A' and 'B' category miners were allowed to resume operation after fulfilling conditions.