Matter on illegal export of iron ore pellets to China reached SC
By Bijay Mishra
While the alleged illegal export of iron ore pellets by some Private Companies and subsequent huge loss of Govt revenue has been first challenged in Supreme Court by Lawyer Activist Manohar Lal Sharma , after several months , another fresh PIL has been filed recently by NGO Common Cause on this issue .
Already notice has been served on the Writ Petition WP(s) (Crl) No(s).334 /2020 of Learned Advocate Mr Sharma and the case is scheduled for final hearing shortly . Mr Sharma , after a detail ,long & high professional study for long 4 years , filed the historical pallets smuggling scam case exposing details of the massive corruption. “When the matter is on the table of the court , the petition of the “ Common Cause “ on the same issue raised many questions about its filling including intention of media hype . Common Cause followed the matter as it has done in other previous case of Mr Sharma including coal scam case “ - told Mr Chittaranjan Sahu, Advocate and Secretary “ Citizens Action Forum”.
Filing the Writ Petition WP(s) (Crl) No(s).334 /2020, U/Art. 32 & 21 of the constitution of India and u/s 135 of the Custom Act, COFEPOSA-74, U/s 11 of the Foreign Trade (development & regulation) Act 1992 r.w. 420 & 120 -B, 107 of IPC & PC Act 1988, Mr Sharma pointed out that several private companies have been smuggling millions tons of Iron Ore @ Iron Ore Pellets to China contra to the FDRA-92 declaring/using Tariff HS Code 26011210 instead of 26011100 & evading 30% export duties since 2015 till date.It is further pointed out that export of Iron ore is restricted goods under Tariff HS Code 260111.To evade 30% Export duty accused persons exported Iron Ore using Tariff HS Code 26011210 which is duty free HS Code, exclusively provided for KIOCL. It’s an offence of smuggling u/s 2(39) of Custom Act attract COFEPOSA and s. 11 foreign Act, recovery of penalty 5 times of the value of exported goods.
Mr Sharma prayed for issue of appropriate writ of mandamus to C.B.I. to register a F.I.R. u/s 135 of the Custom Act 1962, U/s 9 of COFEPOSA 1974, u/s 11 of the Foreign Trade (Development and Regulation) Act-1992 read with S.420 & 120-B, 107 of IPC and PC Act,1988 to arrest all accused persons and to investigate impugned concocted conspiracy of smuggling , duty evasions in violation of export policy, under the supervision of S.I.T framed by Hon’ble court and to file their report before the Hon’ble court in time bound manner for further action, direction, and prosecution of all involved accused persons in accordance of law in the interest of Justice.
Filling a PIL on this same issue , “Common Cause “ prayed to issue an appropriate writ, order or direction to the Union of India to completely ban export of iron ore (whether in the form of pellets or otherwise) or in the alternative to levy an export duty of 30% on export of iron ore in all forms including pellets (except pellets manufactured and exported by KIOCL).
“ Learned Activist Lawyer Mr Sharma first exposed the Country’s biggest mineral export scam and the other PIL by Common Cause has followed the matter . As it is a mega scam of thousands crores of of rupees involving top people of the country , several attempts are going on to weekend and divert the issue”- told Mr Chittaranjan Sahu, Advocate and Secretary “ Citizens Action Forum”