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HC notice to govt over FIR in illegal mining case

HC notice to govt over FIR in illegal mining case

11 Aug 2017 No comment 32 hits

Panaji: The high court of Bombay at Goa on Friday issued notice to the state government following the petition filed by the wife of accused Philip Jacob, who was charged for his involvement in illegal mining cases, to quash the first information report (FIR) in the alleged Rs 35,000 crore illegal mining case. Following the notice, government has to file a reply in the matter.

Amalagiri Traders' Philip Jacob, a resident of Kerala, was arrested by special investigation team (SIT). His wife, Teenu, approached the high court to quash the FIR.

During the hearing, counsel for the petitioner Supreme Court advocate Manoj George submitted that the petitioner is a sleeping partner in the partnership firm and has no complicity in the alleged offence.

Secondly, George submitted that, as per the judgment in the case of Goa Foundation v/s Union of India, no FIR could have been registered on the basis of the same.

George also submitted that "in view of the observations made in the judgment, no prosecution can be launched unless the concerned party is given an opportunity of being heard on the findingsrecorded in Justice Shah Commission report".

Public prosecutor S R Rivankar stated that no coercive steps shall be taken as against the petitioner till the next date. The petitioner said that the current investigation which is much delayed and after four years of lodging the FIR is in complete violation of the final judgment and order passed by the SC on April 21, 2014.


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Source: HC notice to govt over FIR in illegal mining case

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