By Our Reporter
SHILLONG, July 6: The full bench of the High Court of Meghalaya on Thursday once again expressed its unhappiness over the abject failure of the administration and the police in taking appropriate steps to arrest the illegal mining of coal in the state.
During a hearing on a PIL on the coal illegalities, the court took cognizance of the apparent threat received by the petitioner and requested the Assam DGP to take appropriate steps to ensure the safety and security of the petitioners, their family members and lawyers representing such petitioners.
The petitioner submitted an affidavit and appended a copy of a complaint lodged at Basistha Police Station, Guwahati, on June 30, 2023 to the effect that one Balwant Bhama, an alleged kingpin in the illegal operations of coke plants in Meghalaya, had called the petitioner twice — on the morning of June 30, 2023 and thereafter physically called at the petitioner’s residence shortly after 10:30 am to threaten the petitioner with dire consequences if the petitioner pursued with the present petition.
“The Advocate-General referred to a recent report of July 3, 2023 filed by the Director-General of Police in the State. The Paragraph 6 of such report records that in the course of investigation, one of the identified accused persons, namely Shri. Youdishthra Bhama, who the owner of M/S Kalyani Fuel Limited, Shallang was arrested on 15th June, 2023 for not cooperating with the investigation while recording of statement U/S 161 CrPC during his appearance in response to Notice issued u/s 41 A CrPC. He is presently lodged in Judicial Custody,” the court said.
The Advocate-General appearing for the state also submitted that Youdishthra Bhama is the son of Balwant Bhama against whom the petitioner has lodged the complaint.
“It is, thus, evident that the petitioner has not plucked the names out of thin air and there may be some basis to the petitioner identifying the kingpins or some of them who are involved in the illegal coalmining and the use of such illegally-mined coal in the coke plants in the State. This requires to be thoroughly looked into,” the Court said while adding that it is unfortunate that the machinery in the State, be it the administration or the police, have been lacking in taking appropriate steps to arrest the illegal mining of coal in the State despite orders in such regard having been passed by the National Green Tribunal and affirmed by the Supreme Court. “Repeated orders have been passed in the present and the connected proceedings, particularly in the suo motu proceedings instituted by the Court, for the last 15 months; but to no effect,” it said.
According to Court, in another PIL which focuses on the source of coal used at the illegal coke oven plants in the state, an order was passed on July 4, 2023 requiring the state to show cause why the court should have any further confidence in its machinery, including the police, and not require the Central Bureau of Investigation to inquire into the illegal mining of coal and the use thereof in coke oven plants and export of the same, particularly since the activities seem to be controlled by persons based in Assam.
“The relevant PIL will now appear before this Bench so that all matters pertaining to illegal mining of coal, the transportation of such illegally-mined coal, the use of such illegally-mined coal, the operation of coke oven plants without any permission or license and the failure on the part of the state to check overloaded vehicles on the state highways and roads can all be dealt with together,” it said.
In the meantime, in view of the apparent threat received by the petitioner and a similar allegation being made by the other petitioner, since the relevant petitioners ordinarily reside in Assam, the Director-General of Police, Assam is requested to take appropriate steps through the officers-in-charge of the local police stations and the Superintendents of Police of the relevant districts to ensure the safety and security of the petitioners, their family members and lawyers representing such petitioners. The Director-General of Police, Assam will also look into the complaint filed by the petitioner on June 30, 2023 and ensure that appropriate steps in accordance with law are taken in respect thereof.
The Advocate-General submitted before the Court that a confidential communication has been made with the police authorities in Assam to take appropriate steps against persons based in Assam who may be the masterminds behind the illegal operation of coal-mining and coke oven plants in the State of Meghalaya.
“It is hoped that adequate attention is given by the appropriate authorities in Assam in such regard,” the court said.
