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A sessions court has advised the Sindh government to take immediate steps to establish the Special Court for Mines and Minerals under the Sindh Mines and Minerals Governance Act, 2021. The recommendation was issued by Additional District and Sessions Judge (Malir) Liaqat Ali Khoso while allowing a revision application that set aside a magistrate’s order refusing to hear a direct complaint filed by the Mines and Mineral Development Department regarding alleged illegal Mouram mining.
The court stated that the province must expedite the notification required under Section 38 of the law to set up the Special Court for Mines and Minerals in every division across Sindh. It noted that the absence of such courts has created obstacles in the effective implementation of the Act.
After overturning the impugned order, the sessions court directed the magistrate to accept the direct criminal complaint and proceed under Section 200 of the Criminal Procedure Code. The magistrate has been instructed to issue appropriate orders on the process under Section 204 or take any other action allowed under the Code without being influenced by the earlier ruling.
The court further directed that the magistrate may continue exercising jurisdiction until the special court becomes functional, at which point the case must be transferred for trial under the law.
Court Points Out Procedural Error in Magistrate’s Order
Highlighting a major flaw in the previous order, the court said the magistrate failed to differentiate between the initial stage of taking cognizance and the final judicial process of trial, which begins after a charge is framed and concludes with either acquittal or conviction.
The ruling clarified that Section 37(1) of the SMMGA only prevents the trial of such offences in ordinary courts. It does not stop a judicial magistrate from carrying out preliminary actions such as taking cognizance, examining witnesses under Sections 200 and 202 of the Cr.P.C., and issuing process under Section 204.
The court added that the purpose of the section is to ensure that technical matters under the Act are eventually decided by a higher forum, but initial proceedings should not be blocked simply because the special court has not yet been formed. Allowing magistrates to handle preliminary steps prevents delays, protects evidence and ensures continuity of the justice process.
It concluded that leaving a gap in jurisdiction due to administrative delays could create impunity for offenders, which the law cannot permit.
