Jharkhand High Court has executed a contempt petition related to it on Tuesday after the implementation of PESA (Panchayat Extension to Scheduled Area Act) rules in the state. Along with this, the court has also lifted the ban imposed on the allotment of sand ghats after their auction.
This contempt petition was filed on behalf of the Tribal Intellectuals Forum, which was heard in the division bench headed by the Chief Justice. On behalf of the state government, the Advocate General told the court that the PESA rules have been notified and implemented. Senior advocate Ajit Kumar presented the case on behalf of the applicants. The court accepted the government’s compliance and withdrew the interim order issued earlier.
Let us inform that earlier in the hearing held on December 23, Jharkhand High Court had clarified that until the PESA rules are finalized and implemented, the ban on auction and allotment of sand ghats and other minor minerals in the state will remain intact.
During that time, the state government had told the court that the draft of PESA rules will be placed in the cabinet and the process is in the final stage, after which the next hearing was fixed for January 13, 2026. Earlier on September 9, the court had banned the auction of all minor minerals including sand ghats in the state till the implementation of PESA rules.
The court had said that non-implementation of PESA rules is contrary to the spirit of the 73rd Constitutional Amendment and this is affecting the rights of Gram Sabha in scheduled areas.
Let us tell you that the Central Government had implemented the PESA Act in the year 1996. In Jharkhand, its rules were drafted in the year 2019 and 2023, but it could not be implemented for a long time. Against this delay, the Tribal Intellectuals Forum had first filed a PIL and later a contempt petition, which has now come to an end with the latest order of the High Court.
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