SHILLONG/TURA, July 19: In what is definitely going to set the cat amongst the pigeons, the High Court of Meghalaya has sought answers from the state government on the origin of the coal being exported through the Gasuapara land custom station in South Garo Hills.
The high court’s order came on Tuesday during a hearing on a public interest litigation filed by Champer M Sangma, a local exporter from Gasuapara, questioning the validity of the e-way bills while also questioning the origin of the coal in Gasuapara.
The division bench of Chief Justice Sanjib Banerjee and Justice W Diengdoh expressed concern over the matter.
“This is a matter of some concern that has been brought to the notice of this court by way of the present public interest litigation. According to the petitioner, documents may have been manufactured, inter alia, by the state government for transportation of coal allegedly brought from Assam and originally meant for export to Bangladesh,” the court observed.
The court noted that respondents 1 (state of Meghalaya), 2 (DGP), 5 (Principal Secretary of Transport department), 12 (officer in charge, Transport department of North Garo Hills) and 13 (Coal Controller, Ministry of Coal) were represented in the court but felt that a copy seeking explanations should also be served to respondent 14 (Jaimaa Coal Pvt. Limited, Guwahati). The court also directed that a copy of the petition be forwarded to the state of Assam.
The court has now sought a preliminary report from the state indicating, with proof, how the coal entered the state as well as the origin of the mineral.
The state government had, late last year as well as in the month of March-April this year, permitted Jaimaa Enterprise, a company apparently belonging to illegal coal kingpin Balwan Soni alias Bhama, to transport coal into Bangladesh through the Gasuapara port in South Garo Hills.
It may be pertinent to note that a TV channel from Assam, in May, had followed up an expose by The Shillong Times, bringing astounding details of the modus operandi and even naming Health Minister James PK Sangma as the possible “mastermind” of this organised racket.
“Jaimaa Coal Pvt Ltd, a firm based in Guwahati is being used by Balwan Soni as the front. The director of the firm is Bhama’s son Youdhistra Bhama and the CA of the company is none other than Bhama’s wife. The firm has been forging the bills and undervaluing the tax invoices and transporting coal from Meghalaya to Bangladesh through Gasuapara port. It is alleged that Bhama’s family has close ties with James Sangma, brother of Conrad Sangma,” the report had said.
Bhama was arrested on February 9, 2022 by Assam police in a tax evasion case which had once again brought to light the illegal coal trade that has been going on in Meghalaya. Soon after his arrest, along with four others, The Shillong Times had reported (on February 12, 2022) that Bhama had purchased several high-end SUVs and heavy machines with the money that he had allegedly siphoned off through the use of e-way bills from coal businessmen in Gasuapara in South Garo Hills.
For reasons best known to the Meghalaya government, only Bhama’s firm was allowed operation and only the e-way bills generated by his firm could be used to export coal to Bangladesh through Gasuapara port. On paper, the coal was being transported from Assam through the Dainadubi check gate in North Garo Hills. However, the ground reality was completely different.
According to ground reports, thousands of coal-laden trucks have been sent to Bangladesh through the Gasuapara land custom station. As no challans were issued, it caused a huge revenue loss for the state, estimated to run into crores of rupees.
Interestingly, just days after Bhama’s arrest in Guwahati, The Shillong Times had published another story (on February 14, 2022) quoting official sources that the state Mining and Geology department had received verbal “orders” to not frisk coal-laden trucks or question where they originated from.
Those, who had received the orders, played safe as they ran the risk of being transferred for non-compliance, sources said, indicating the entire operation had the blessings of the powers-that-be.
Sources from the Directorate of Mineral Office said no coal-laden truck from Assam entered Meghalaya for transit to Bangladesh through the Gasuapara land custom port in South Garo Hills. Had there been any such movement, it would have been captured by the CCTV cameras installed at the Dainadubi check gate in North Garo Hills, they said.
When asked how coal was allowed to be transported this way, the deputy commissioner of South Garo Hills had told The Shillong Times to contact the Mining and Geology department.
On further query, the department officials said it was prohibited from checking the trucks or questioning the truckers where the vehicles originated from.
The order on the transport of coal was issued by the South Garo Hills district administration after the Mining and Geology department had given its nod for transport through Meghalaya.
The modus operandi, according to a coal miner who did not wish to be named, was very simple – coal would be fist procured by the traders and exporters from near the Jadi area in South Garo Hills, sent by trucks through National Highway 62 and then offloaded at various depots of Gasuapara.
For export, the traders used e-way bills that were generated in the name of Bhama’s firm. The traders had to shell out around Rs 50,000 per truck.
The sources said the movement of coal-laden trucks from Meghalaya to Assam through Dainadubi as well as Aradonga in West Khasi Hills is also being allowed after alleged “payment” ranging between Rs 1 lakh and Rs 1.3 lakh – all without valid challans.
Despite several attempts, police officials in Guwahati dealing with the case curiously continue to remain tightlipped over the case raising a suspicion that their voice has been gagged from the top.
