Shillong/ Guwahati, April 13: The High Court of Meghalaya has directed the Union Ministry of Home, through the Union Home Secretary, to ensure the deployment of 10 companies of the appropriate Central Armed Force (CAPF) to be commanded independently or jointly by the officers from the local police that may be selected by the Court, strictly for the purpose of keeping a vigil on the roads and arresting the illegal transportation of illegally mined coal in the State.
The Union’s response through the relevant Secretary should be available to the court when the matter appears next a fortnight hence.
The court’s directive on April 12 came in connection with the suo moto PIL 2/2022 regarding illegal mining of coal in Meghalaya.
The High Court Bench comprising Chief Justice Sanjib Banerjee, Justice W. Diengdoh and Justice H S Thangkhiew observed that an unusual situationhas arisen in Meghalaya where despite orders of the Supreme Court, which have been in place since or about 2016, rampant illegal mining of coal has continued in the State and such illegally mined coal has been allowed to be freely transported, even to the extent of being regularly exported to Bangladesh by possible false declarations that the coal originated elsewhere.
“Since the local police force, under the State government, has been completely ineffective or unwilling to control the malaise or implement the orders of the Supreme Court, which they are duty-bound to do, it is felt appropriate that an external police force, may be deployed for checking the illegal transportation of illegally mined coal in the State,” the High Court order said.
It is recorded that the State has relied on a notification of March 24, 2022 by which the Meghalaya Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2022 have been brought into effect.
A further notification of July 26, 2022 has also been placed. By such notification, in exercise of the powers conferred under Section 30B of the Mines and Minerals (Development and Regulation) Act, 1957, the State government has constituted special courts in districts for the purpose of speedy trial of offences for contravention of the provisions of sub-section(1) or sub-section (1A) of Section 4 of the Act of 1957.
The submission on behalf of the State is that upon the issuance of such notifications, the State has done all within its power to check or stop the illegal mining of coal.
“However, notwithstanding this Court recording the State’s submission in a connected matter on Monday, at the insistence of learned Additional Advocate-General, that there was now a system in place which has completely stopped the illegal transportation of coal, an accident has been reported in Tuesday’s newspapers of a truck illegally transporting illegally mined coal in Ri-Bhoi district. There is no doubt that both illegal mining and illegal transportation of coal continues and, if the rule of law is to be asserted in this State, it cannot be done with the present machinery available in the State. Let the matter appear a fortnight hence,” the Court order said.