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Friday, May 17, 2024

HC leaves decision on personnel to check illegal coal mining to state

The Court in its last order had requested Deputy-Solicitor General of India, Dr N Mozika, to take notice on behalf of the Union, and to inform the Court on the deployment of sufficient units of either the CISF or the CRPF.

Staff Reporter

SHILLONG:

In regards to the deployment of Central Armed Police Forces to monitor and stop the illegal coal mining in the state, the full bench of the High Court of Meghalaya suggested that the state will indicate the ideal number of companies of personnel necessary to effectively monitor and check the prohibition on unscientific mining of coal, including rat-hole mining, and the transportation of the recently illegally mined coal.

The Court in its last order had requested Deputy-Solicitor General of India, Dr N Mozika, to take notice on behalf of the Union and to inform the Court on the deployment of sufficient units of either the Central Industrial Security Force or the Central Reserve Police Force to take over the policing of illegal coal mining activities including the transportation thereof from the State machinery.

Hearing a suo motu PIL on February 14, the Court stated, “Learned Deputy Solicitor-General submits that the mandate of the Central Industrial Security Force is to guard installations and buildings and not really do police work. However, he submits that the Central Reserve Police Force is available to augment the policing duty ordinarily undertaken by the state police. The Court is informed that there are companies and battalions available both in Shillong and in Guwahati if there be need therefore.”

The Court observed that the modalities will also have to be worked out by Justice Katakey so that the state, which has thus far been ineffective in either implementing the ban or in checking illegal transportation, is given a less of a role in the further monitoring and CRPF can have a more aggressive role in such regard.

On the other hand, the Court observed that the people who have been involved in such forms of mining for a long period of time have to be weaned out and the state has to devise schemes and provide alternative forms of livelihood for such purposes.

Stating that awareness and education would also go a long way in arresting the menace, the Court said, “The entire saga of illegal mining cannot be seen to be the handiwork of a specific class of persons.”

Meanwhile, the contempt rule remains pending against the Superintendent of Police, Khliehriat. The Court stated that the Superintendent of Police will next be required to be in Court when specifically called for or else, the reply sought for him will suffice for the moment.

The State informed the Court that it has received the report dated February 6, 2023 filed by Justice BP Katakey (retired). The State has filed a report dated February 13, 2023 enclosing the post-mortem reports pertaining to the recent deaths due to rat-hole mining in Khliehriat. However, such post-mortem reports are not legible.

The matter will appear on February 28, 2023. The Court mentioned that a further ad hoc remuneration of Rs 2 lakh will be paid to Justice Katakey.

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