HC directs MHA to deploy ten companies of CAPF

SHILLONG, April 13: The High Court of Meghalaya has directed the Union Ministry of Home Affairs (MHA) to ensure the deployment of 10 companies of “appropriate” Central Armed Police Force (CAPF), strictly for the purpose of keeping vigil on the roads and arresting the illegal transportation of illegally-mined coal in the state.
The direction was sent to the MHA through the Union Home Secretary.
In an order, the full bench of Chief Justice Sanjib Banerjee and Justices HS Thangkhiew and W. Diengdoh directed that the 10 CAPF companies are to be commanded independently or jointly by the officers from the local police that may be selected by the court.
“Pursuant to the order dated March 20, 2023, this matter was directed to appear today (Wednesday) for Deputy Solicitor General of India, Dr Nitesh Mozika to indicate how soon the Central Industrial Security Force (CISF) could deploy 10 companies for the purpose of checking the illegal transportation of coal in the state,” the bench said.
However, Dr Mozika reported that the CISF is unwilling to take up the assignment, primarily because the nature of the work does not fall within the usual activities undertaken by such force.
The bench put it in record that the court did not seek the CISF in particular, but had initially sought to explore the possibility of deploying the Central Reserve Police Force (CRPF) with the mandate to check the illegal transportation of coal.
“It was at such stage that it was suggested on behalf of the Union since the CRPF works under the instructions of the local police and the real intention of this Court was for the local police not to be associated in the process since it had been ineffective in such regard, the CISF may be the appropriate force,” the court said in the order.
Stating that no direction was issued for deployment, the court said the previous orders merely provided for the CISF to indicate its readiness.
“Despite the apparent unwillingness on the part of the CISF, once a direction is issued by the Court, the relevant force would be bound thereby, subject to its right to have the order tested in the appropriate forum,” the court said ordering the deployment of the 10 companies of CAPF.
The court directed that the Union’s response through the relevant Secretary should be available when the matter appears next a fortnight later. It must be appreciated that this is an unusual situation which has arisen, the court said.
“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,” the court said.
Coming down heavily on the state police, it said, “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.” Meanwhile, Justice Katakey filed the 12th interim report.
Stating that the previous orders recorded a timeline for the completion of the process, the court said it is imperative the timeline is adhered to as freshly-mined coal is being sought to be passed off as previously illegally-mined coal.
The state government 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. Subsequently on July 26, 2022, a further notification was placed.
The court said by such notification, the state government constituted special courts in the 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 yesterday, at the insistence of 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 the newspapers (April 12) of a truck illegally transporting illegally-mined coal in Ri-Bhoi district,” the court said.
It added that there is no doubt both illegal mining and illegal transportation of coal have continued in the state. If the rule of law is to be asserted, it cannot be done with the present machinery available in the State, the court added.