The Meghalaya High Court on Tuesday directed the State government to immediately transfer the present Superintendent of Police (SP) of East Jaintia Hills for his failure to stop illegal coal mining and transportation in the district.
“On the failure of the Superintendent of Police as can be made out from the 19th interim report, it is therefore directed that he should be immediately transferred from the present post and another competent officer be placed in-charge of the district immediately,” the bench comprising Chief Justice (Acting) HS Thangkhiew and Justice W Diengdoh said in its order passed after hearing a PIL on the matter.
The order said that the Superintendent of Police as has been informed has been posted in East Jaintia Hills since 2021, and as such should have been alive and well acquainted with what is going on in the district.
The 19th interim report (submitted by the Single Member Committee) reflected that the Superintendent of Police is perhaps un-effective in stemming the illegal activities.
The bench has also directed the Home Department and the Director General of Police to take immediate action in this regard.
The 19th interim report was specific to the coal dumped found behind Don Bosco College Byndihati.
The bench has noted the queries were raised by the Single Member Committee and the stand of the Deputy Commissioner, East Jaintia Hills District in respect of the coal dumps found behind and by the side of the Bon Bosco, Byndihati, apart from there being a physical sitting on 08.12.2023 with regard to the matter.
“The report itself having great significance, as it reflects the manner in which the district authorities, especially law enforcement have conducted themselves, is extremely relevant as such, extract of some observations made by the Single Member Committee…,” it said.
The bench has stated that the contention of the Deputy Commissioner that the coal found behind Don Bosco College was not accepted by the Single Member Committee, which has based its findings on fact.
“The same is with the stand taken by the district authorities, on whether there was any transportation of coal stock to the designated depot pursuant to the transit passes that had been issued for transportation of inventorised coal”.
The bench further stated that another alarming feature which has not been dealt with in the report but however touched upon is with regard to the presence of other coal dumps found in Byndihati area by the side of national highway.
“Though it has been submitted, and materials produced to show that investigation is underway and a case registered on 08.11.2023, in respect of the coal behind Don Bosco College, the manner in which these incidents and issues keep cropping up have cast severe doubts on the capabilities and keenness of the district authorities, especially the police to stop such incidents,” it said while adding
“This Court is of the view that though the learned Advocate General has prayed for time to file a detailed reply to the 19th interim report, some directions are necessary to be issued at this stage to stem the illegal activities that are continuing unabated.”
Also, the bench has threatened to issue contempt notices against the district authorities and said, “It is also to be noted that by the previous orders of this Court, the district authorities and the other authorities concerned, are liable for contempt which if needed will be issued from this Court.”
“At this stage, however, while allowing the State to file a reply to the 19th interim report and presently not initiating contempt proceedings, the Deputy Commissioner and the Superintendent of Police who are on the ground level in the district are expected to ensure that the rule of law is maintained and the directions of the Court are honoured,” it said.
The bench further directed a further ad hoc amount of Rs 3 lakh be paid to Justice Katakey, in addition to the secretarial allowances and expenses actually incurred.
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