The Meghalaya High Court has observed that 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.
The three Judge Bench of Chief Justice Sanjib Banerjee, Justice H. S. Thangkhiew and Justice W. Diengdoh heard a Suo Motu Public Interest Litigation pertaining to the illegal mining of coal in the State of Meghalaya.
Pursuant to the order dated March 20, 2023, this matter was directed by the High Court to appear on April 12 for Dr. Mozika, Deputy Solicitor General of india (DSGI), to indicate how soon the Central Industrial Security Force could deploy 10 companies for the purpose of checking the illegal transportation of coal in the State.
Dr. Mozika reports 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 a police force.
It needs to be recorded that the Court did not seek out the CISF in particular, but the Court had initially sought to explore the possibility of deploying the Central Reserve Police Force with the mandate to check the illegal transportation of coal in the State.
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.
In any event, no direction had been issued for deployment. 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.
However, no such direction is issued immediately and the Union Ministry of Home, through the Union Home Secretary, is directed by the High Court to ensure the deployment of 10 companies of the appropriate Central Armed Police Force 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 High Court also directed that the Union’s response should be available when the matter appears next fortnight.
The Bench appreciated that this is an unusual situation which has arisen. 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.”
Meanwhile, Justice Katakey has filed a 12th interim report. Most of such reports deal with the manner in which the previously mined coal is to be auctioned. Previous orders have recorded a timeline for the completion of the process.
It is imperative that such a timeline is adhered to since freshly mined coal is being sought to be passed off as previously illegally mined coal in the State.
It is recorded by the High Court 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 subsection(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 the Court recording the State’s submission in a connected matter on April 11, 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 of a truck illegally transporting illegally mined coal in Ri-Bhoi district.
The Court listed the matter on April 27, 2023 for further hearing.