SHILLONG:
The High Court of Meghalaya, on July 12, put on hold the trial in the case of the death of police officer PJ Marbaniang in 2015.
The state government submitted papers, including the report filed by the special investigation team (SIT) that had been appointed by the court to investigate the case.
A day after Marbaniang detained 32 illegal coal-laden trucks on January 24, 2015, he was found dead with bullet injuries on his head inside his official residence at Patharkhmah, Ri Bhoi district.
A division bench consisting of Chief Justice Sanjib Banerjee and Justice W Diengdoh, during the hearing, stated that even though the state says that the trial is proceeding, it does not appear that the investigation was satisfactory.
“Accordingly, let the trial not be continued till further orders,” the bench stated.
According to the court, incidentally, the report of the SIT had revealed what had been suspected by the court in matters pertaining to illegal coal mining.
The court said that the SIT report indicates the existence of registers with fixed rates per truck for allowing illegal transport of illegally-mined coal, illegally-felled timber and illegally-extracted boulders. There are names and officials have been identified in some cases.
“The report of the SIT is disturbing on both counts: first in how it reveals the rampant and structured illegal coal-mining operations and the transportation of the mineral; and, how the SIT arrived at a conclusion despite the evidence that was available,” the bench said.
The bench also requested K. Khan, Additional Advocate General to assist the court in this matter while adding that it is hoped that his allegiance to his office will not stand in the way of fair and independent assistance to the court.
The division bench also said that the SIT report and the trial court papers that have been produced will be kept in the custody of the officer attached to court and such papers may only be released to the members of the bench and to the Additional Advocate General for perusal.
It may be mentioned that the Supreme Court had on May 8 this year sent back to the high court the petition for CBI probe into the mysterious death of Marbaniang, who was the former officer in-charge of Patharkhmah police outpost.
Mother of the late police officer, Dorothy Marbaniang, had filed the petition for the CBI probe in the apex court but she subsequently passed away.
This petition was disposed of by an order of March 22, 2016, and has been revived by an order of the Supreme Court with a mandate to the high court to dispose of the writ petition afresh upon considering whether the investigation ought to be handed over to some other agency.