Gujarat High Court today issued show-cause notices to water resources minister Babu Bokhiria and the state government on three petitions challenging stay on his conviction granted by Porbandar sessions court.
The stay on Bokhiria's conviction was challenged before Justice S G Shah of Gujarat High Court today by activists Dilip Katariya, Ashok Vanaliya and Rajesh Vaja through different writ petitions.
The petitioners argued that Bokhiria had illegally excavated limestone to the tune of Rs 54 crore.
The petitioners, represented by advocates, alleged that the state government joined hands with the accused and therefore it did not object the prayer of Bokhiria in the Porbandar Sessions Court, which stayed his conviction.
However, government pleader Prakash Jani objected on the ground that the petitioners have no locus standi in the case and their petition should not be granted.
After considering the arguments, the court issued show cause notice against Bokhiria and the state government as to why the prayer of petitioners should not be granted.
A minister in Narendra Modi government, Bokhiria and three others were convicted for three years by chief judicial magistrate's court in Porbandar in Rs 54 crore illegal limestone mining case of 2006 on June 15 this year. A Porbandar sessions court stayed their conviction soon after.
Bokhiria had upstaged Gujarat Congress chief Arjun Modhwadia to win a Cabinet berth in the Modi ministry.
The case dates back to 2006 when one Umesh Bhavsar, manager of Saurashtra Chemical Company, had registered a complaint against the four alleging that they they had illegally mined limestone from the land where the company holds mining rights.
The complaint also mentioned that they had to face a loss of Rs 54 crore due to illegal mining by the four people.
Porbandar police, which was investigating the case, had arrested Bokhiria in 2007, from a city airport as after the complaint he had left the country and the Porbandar court had declared him an absconder. Police later filed a charge sheet in the case and the High Court later granted him bail.
Bokhiria had filed an appeal against his conviction in Porbandar sessions court, which had been stayed by the local court till it hears it.
The next hearing in the HC has been scheduled on October 17.
