Madhya Pradesh HC judge recuses himself from mining case after BJP MLA ‘tried to call him to discuss the matter’

A Madhya Pradesh High Court judge has recused himself from hearing a petition in an alleged illegal mining case, saying that a Bharatiya Janata Party (BJP) MLA had “attempted to call him” to have a discussion regarding the matter.

Justice Vishal Mishra, at the Jabalpur Bench, was hearing a petition seeking action against some companies linked to BJP MLA and former State Minister Sanjay Pathak’s family for alleged illegal mining. Mr. Pathak, a consecutive five-term MLA, represents the Vijayraghavgarh constituency in Katni district. 

In an order dated September 1, Justice Mishra said, “Mr. Sanjay Pathak has made an attempt to call me to have discussion regarding this particular matter, therefore, I am not inclined to entertain this writ petition.”

“Let the matter be placed before the Hon’ble Chief Justice for listing the matter before the appropriate Bench for consideration,” Justice Mishra further said. 

The petition was filed in June by a Katni-based whistleblower, Ashutosh ‘Manu’ Dixit, against the Economic Offences Wing (EOW), alleging that no action had been taken in his complaint, filed in January, in which he had accused companies linked to Mr. Pathak and his family of excessive mining of iron ore and other minerals.

“The allegations pertained to misappropriation of funds and excessive mining in the region. After the EOW received the complaint, it forwarded the matter to the Principal Secretary of the Mineral Department to examine the issue and indicate whether any cognisable offence was made out,” advocate Madhur Shukla, who appeared for the EOW in the case, told The Hindu.

While Mr. Dixit sought directions to the EOW to expedite the probe and register an FIR, Mr. Pathak’s family had filed an intervention petition in the matter before the High Court.

Justice Mishra, while taking note of the intervention plea, recorded in the order, “Application for intervention is perused by the Court. Power of attorney executed by the interveners shows the same to be executed by Mrs. Nimala Pathak W/o. Late Shri Satyendra Pathak and Mr. Yash Pathak S/o. Shri Sanjay Satyendra Pathak, R/o. Katni, Madhya Pradesh.”

Penalties imposed

Meanwhile, the Mineral Resource Department of the State Government also imposed penalties on three companies — Nirmala Minerals, Anand Mining, and Pacific Export — linked to Mr. Pathak and sought to recover ₹443 crore for excessive mining and ₹80 crore for GST evasion.

Chief Minister Mohan Yadav had shared the information during the recent Monsoon Session of the Assembly. In his written response, Mr. Yadav said that a probe committee had been formed in April, which submitted its report in June, leading to the action against the three companies.

Speaking to The Hindu, Mr. Dixit alleged that Mr. Pathak’s companies have “orchestrated excessive extraction of minerals beyond sanctioned limits” in the Sihora area of Jabalpur district and that the total fraud “amounts to a much higher sum”.

“This amount of ₹443 and GST evasion should have been recovered in 2017 and now if we include the excessive mining, penalties and royalties evaded, 18% GST, and interest, the loss caused to the State exchequer comes to more than ₹1,700 crore,” he said, adding that there were other issues like “illegal mining and mining in forest areas without proper clearance” in which an investigation was yet to begin.

Mr. Pathak did not respond to The Hindu’s requests for a comment on the matter. Mr. Pathak, a former Congress MLA, was inducted into the BJP in 2014. He is the richest MLA in the Assembly, with declared assets of ₹242 crore.