‘Should we send CM, Ministers to jail?’: Jharkhand HC stays minor minerals auction till PESA law enforced
Jharkhand High Court Halts Sand Ghats and Minor Minerals Auction Over PESA Delay
In a bold move, the Jharkhand High Court has slammed the brakes on all auctions of minor minerals, including popular sand ghats, across the state. This decision came on Tuesday as the court expressed frustration with the state government’s slow pace in rolling out the Panchayat (Extension to Scheduled Areas) Act, or PESA. Until the government gets its act together and enforces PESA properly, no auctions can go ahead.
The court didn’t hold back its criticism. A division bench led by Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar was handling a contempt petition from the Adivasi Intellectual Forum. The group accused the government of ignoring a July 2024 order to frame and notify PESA rules, which aim to give tribal communities more control over their land and resources.
During the hearing in Ranchi, Principal Secretary Manoj Kumar from the Panchayati Raj Department showed up to explain the delays. But the judges weren’t impressed. In a sharp exchange, they asked, "Do you want us to send the Chief Minister and ministers to jail? Is this your suggestion?" The bench pointed out that the government’s foot-dragging was going against the spirit of the 73rd Constitutional Amendment, which boosts local bodies like gram sabhas in tribal areas to manage natural resources.
The state tried to defend itself, saying they’ve prepared a draft of the PESA rules and are seeking feedback, objections, and approvals from the cabinet and Chief Minister. But the court called this a "clear attempt to delay" and showed deep displeasure. Senior advocate Ajit Kumar, representing the petitioners, argued that the government is stalling on PESA while pushing forward with long-term auctions and leases for sand ghats and minor mineral mines. "By the time the rules are framed, nothing will remain for the gram sabhas," he warned.
This isn’t the first time the court has stepped in. Back in July 2024, it ordered the Jharkhand government to notify PESA rules within two months, making sure they match the 73rd Amendment and PESA Act goals. When nothing happened, the forum filed the contempt petition. Earlier, on August 5, the same bench had grilled officials and asked for a detailed affidavit on why PESA wasn’t being implemented despite repeated orders.
Now, with this latest ruling, all minor minerals auctions in Jharkhand, including sand ghats, are on hold until further notice. This could shake up the mining and resource sector in the state, especially for those relying on these auctions. Stay tuned for updates on how the government responds to this push for PESA implementation.
