Justice BP Katoki heading the NGT panel made an interesting remark. He said that the State Government was unable to give details of the death of four coal miners in East Jaintia Hills on March 11 last when the truck in which they were travelling overturned. The DC, East Jaintia Hills apparently gave vague and unsatisfactory answers about the incident; he claimed he did not know who the mine owner was whose mine was being worked and from where the coal was lifted. The Deputy Commissioner has therefore completely failed to carry out his primary duty of maintaining law and order in the district. The Chief Secretary should have taken action against this dereliction of duty of an important functionary of the district. Since December 13, 2018 when the mining accident at the Ksan mine happened, the DC has been amiss in his duties as the person supervising the rescue mission. The administration has only worked after it is directed by the Supreme Court to carry out certain actions.
The District Magistrate heads the police and prosecuting agency. How is it possible that the police do not know about illegal mining when coal trucks pass through their jurisdictions day in and day out? Is it not true that the police too are complicit in this illegal trade? Is the Government and in this case the Home Minister not in the know of illegal mining and transportation of coal? Who will question the Government and hold it accountable? If the Supreme Court has repeatedly directed that coal mining and transportation should be stopped until the NGT lifts the ban and the state government turns a blind eye to this illegal business, then is that not a blatant contempt of the apex court’s’ order?
The NGT panel has clearly laid out the rules under the Mines and Minerals (Development & Regulation) Act 2016, whereby the Deputy Commissioners can file cases against any violation of the Act and assets such as vehicles and machinery can be confiscated. Section 188 of the Act prescribes simple imprisonment that could extend to a period of one month. So far 2155 persons have been arrested and 1316 cases of NGFT violations have been reported but what happens thereafter? Who follows up on these cases? They must simply be eyewash.
At present the illegal nature of the trade is so insidious that reporting it is fraught with danger. A perfidious coalition of unscrupulous mine owners rule the roost in the coal mine rich areas. Meghalaya now stands out as a State where law and order does not prevail.
