SHILLONG, Aug 4: The whiff of a suspected scam over coal export to Bangladesh has not dissipated after the government submitted a wishy-washy statement in the High Court on Thursday.
The court had directed the state to file a preliminary report indicating, with proof, how the coal entered the state as well as the origin of the mineral after hearing a public interest litigation filed by Champer M Sangma, a local exporter from Gasuapara, questioning the validity of the e-way bills and the origin of the coal in Gasuapara, South Garo Hills.
On Thursday, the petitioner (Champer Sangma), after receiving a copy of the preliminary report prepared by the government, insinuated that the particulars indicated in it are “demonstrably false”.
The court told the petitioner to refer to such content in the report to substantiate the insinuation.
The state, on the other hand, informed the court that the preliminary report has been filed within a short time pursuant to the directions issued on July 19 this year.
“State wishes to use a more detailed affidavit enclosing the documents that would belie the petitioner’s claim,” the court said.
To pave the way for a just and wholesome proceeding, the court said it is necessary that respondent No. 14, Jaimaa Coal Private Limited, is represented in the case.
The petitioner says that steps have been taken to serve such entity but there is no proof of service yet.
“By the order of July 19, 2022, all the respondents including the said Jaimaa Coal were required to be served,” the court said.
Since Jaimaa Coal was represented in another matter before the bench on the day, the court had granted leave to the advocate for the petitioner to hand over a copy of the present petition and a copy of the preliminary report to Advocate-on-Record for the Jaimaa Coal in the other matter.
Also, since the matter cannot be adequately dealt with in the absence of the state of Assam, the court said that the state should be requested to be represented.
“The petitioner will forward a copy of this order to the appropriate authorities so that the state of Assam is represented,” the court said.
As per the order, the petitioner will be open to file a supplementary affidavit to deal with the contents of the preliminary report.
“Equally, it will be open to the state before using any further affidavit to rely on any documents that may refute the underlying charge in the petition. Since the Coal Controller is a party and is represented, let a copy of the preliminary report be made over to Advocate for the Coal Controller so that the particulars therein may be verified by the Coal Controller and reported to the Court on the adjourned date,” the order said.
The division bench of the court comprising Chief Justice Sanjib Banerjee and Justice W Diengdoh, while hearing the PIL on July 19, had 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 bench had observed.
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 recalled 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.
