From Our Special Correspondent
NEW DELHI, July 11: In a significant judgment, the Supreme Court has stayed an order of the High Court of Meghalaya directing deployment of ten companies of the Central Industrial Security Force (CISF) to deal with illegal coal mining and transportation in the state.
The notice was issued on a plea moved by the central government against directions issued by the high court to deploy CISF to help tackle illegal coal mining in the state.
A bench of Chief Justice of India, DY Chandrachud and Justice, PS Narasimha issued the notice on Monday.
The Union Ministry of Home Affairs moved a special leave petition in the apex court stating that the central forces deal with only national security and law-and-order duty. Hence there is no provision to deploy CISF or central armed police force (CAPF) to deal with coal mining.
In the Government of India Vs State of Meghalaya case, the central government challenged the orders of the high court delivered on March 13, 20 and April 12 of 2023 based on a public interest litigation which stressed the need of deploying CISF or CAPF. “We have heard Tushar Mehta, Solicitor General of India in support of the Special Leave Petition. Issue notice. Pending further orders, there shall be a stay of the operation of the impugned orders dated March 13, 2023, March 20, 2023 and April 12, 2023.” the top court said in the order.
Earlier, while issuing the order the high court had observed that the Meghalaya government has prepared a “blueprint” for the deployment of 160 companies of Central Reserve Police Force (CRPF) to check the illegal mining and transportation of coal and said that ten companies of CISF should be enough for the purpose.
The full bench of Chief Justice Sanjib Banerjee and Justices HS Thangkhiew and Wanlura Diengdoh had observed that the government’s plan is “grandiose” as it seeks the deployment of 100 companies of CRPF in the eastern range and 60 companies in the western range. One company consists of 135 personnel.
The court had observed that it is fair and reasonable to deploy 10 companies of CISF which can function independently.
“Considering the total area in the state and that some remote pockets do not have roads or the menace of illegal mining of coal and its transportation, 10 companies of CISF should be enough to check the vehicles and completely arrest the illegal transportation of coal,” the court had said.
It said while the CISF is engaged in checking vehicles, it can also check for contraband and ensure that the goods vehicles conform to the weight limits.
