Meghalaya DGP’s intervention sought against ‘illegal coal transportation’ in Garo Hills region

Staff Reporter

Shillong, Jan 5: BJP MDC from Tura Bernard N Marak today sought the intervention of the Director General of Police (DGP) LR Bishnoi against the alleged illegal transportation of coal in the South Garo Hills district.

An FIR in this regard was also filed with the Nongalbibra police station.

In a letter to the DGP, Marak said, “The reason for inaction by the police raised doubts so I am forwarding my complaint with a copy of the FIR submitted to Nongalbibra police station which has the coordinates of the depos for your reference. Therefore, kindly take immediate action and stop all illegal coal-related activities and honour the Court order.”

He said the complaint is to bring to notice the seriousness of the illegal transportation of coal which is happening openly in huge quantities in the state.

“Overloaded coal trucks without proper documents are plying freely at night by merely paying the entry fee approximately amounting to Rs 1,25,000/- per truck which is not recorded by the Government and without paying royalty tax to the Autonomous District Council (ADCs) and not following the directions of the honourable Supreme Court is a gross violation of the Honorable Supreme Court order dated 03.07.2019 and unjustified exploitation of the provisions of the Sixth Schedule of the Constitution of India as all districts in Meghalaya falls under the Hill provisions,” Marak alleged.

“Hundreds of trucks are illegally lifting the coal from Era Aning and Jadigittim and illegal dumpings are taking place openly at the same places which grossly violates the Supreme Court order of 03.07.2019,” he said.

Further, the BJP leader demanded an investigation into the matter and said,  FIR copy which is attached here should be investigated as coal was loaded from the mentioned depo at Era Aning and Jadigittim under Nongalbibra Police Station, South Garo Hills, Meghalaya.”

Pala praises Tynsong for stopping illegal coal trade

Opposition Congress chief Vincent H Pala has lauded the Deputy Chief Minister in charge of Home (Police) Prestone Tynsong for ending the “high level”, which is alleged to be involved in the illegal transportation of coal in the state.

“I appreciate Tynsong for changing the “high level” to a “zero level” as of today. Since Tynsong took over the Home (Police) department, there is no more high level,” Pala said.

“People engaging in the coal business told him that there is no more high level after Tynsong took over the department as he has ended the high level. Therefore, I don’t want to just blame without reason since I know that soon after Tynsong took over, all high levels have come to an end in the state,” he added.

The Shillong MP said that the illegal activities to some extent are not like before when the government is involved.

“Now illegal activities have been minimized to a great extent as who would want to indulge in illegal activities if challans are being issued (for transportation of coal),” he stated.

The Congress chief further informed that now people are transporting coal with proper challans since Coal India Limited (CIL) has auctioned the coal.

“Many friends who are doing coal business are transporting coal with proper challans and many including cement plants are buying the auctioned coal. They say that the transportation is now is of auctioned coal not of illegal coal,” he said.

On the Meghalaya High Court’s order for the deployment of 10 companies of CAPF personnel to check illegal transportation of coal in the state, Pala however said the cooperation of the state government is needed otherwise there is no point.

“If they send (the CAPF) also if there is no coordination with the state government, there is no point. The cooperation of the state government is needed,” he added.

 ‘Illegal coal transportation can be checked by police’

Deputy Chief Minister Prestone Tynsong said the state police have been asked to ensure illegal transportation of coal is totally stopped in the state.

“Whoever is carrying illegal coal, they will be seized and then they will be charge-sheeted,” Tynsong told reporters when responding to a query on the matter.

On Tuesday, the Meghalaya High Court had said the failure to check overloaded vehicles points to the state government being a party to the illegal mining and transportation of the coal in flagrant disregard of orders passed by the Supreme Court.

Hearing a PIL, the division bench said, “There are several other matters pertaining to the illegal transportation of coal, the failure on the part of the State government to check overloaded vehicles and the like: all of which point to the State government being a party to the illegal mining and transportation of the coal in flagrant disregard of orders passed by the Supreme Court, no less.”

The PIL was filed by one Champer M. Sangma.

It said that the malaise has not been arrested and it has prompted the Court, in the suo motu proceedings, to ascertain whether some Central Armed Police Forces may be engaged to undertake the checking activities.

“There may not be any illegal mining if there is no transportation of such coal and illegal transportation can be checked by police on roads and easily arrested if there was the right intent on the part of the State,” the Court said.

The Court said it appears that several persons have sought to take advantage of the fact that the previously illegally mined coal had been dumped in many places with directions issued by the Supreme Court for its disposal.

It added that until orders were made in the suo motu proceedings instituted in the year 2022, the State had taken no steps to ensure that the previously illegally mined coal till the year 2016 was disposed of.

As a result, fresh coal continued to be illegally mined and dumped in open public view with the State claiming that such coal may have been a part of the previously illegally mined coal.

Mining operations continued in open view and maybe still continuing with the State ignoring orders of this Court and orders already in place from the year 2016.

The Court said though the previously illegally mined coal has now been directed to be sold through auction and in the presence of Coal India Limited by a retired Judge appointed for such purpose by this Court, the quantum of coal available appears to be much more than available in 2016.

Further, the Court said that a new method appears to have been put in place where a lot of coal is exported through Gasuapara with such coal being apparently obtained from outside the State.

The object of the exercise in the present petition is to demonstrate that most of the coal recently exported through the Gasuapara LCS has only been coal that has been illegally mined in the State with forged documents showing that such coal has been brought in from elsewhere.

The petitioner claimed that respondent No.14 has no document to show the origin of the coal that was in its possession in April, 2021 when it sought permission to export the same through the Gasuapara LCS.

Directions issued by the Court for respondent No.14 to file its affidavit in such regard has resulted in the documents of Bittu Coal Traders and Vaishno Devi Traders Private Limited being relied upon, despite it being obvious that Bittu Coal Traders, Vaishno Devi Traders Private Limited and Jaimaa Coal Private Limited are, in effect, one and the same entity as they are controlled by the same human agency.

The petitioner complained that queries raised with the State Departments under the said Act of 2005 have fallen on deaf ears despite appeals being carried. The circumstances are such that an adverse reference may rightly be drawn by the Court that the State is averse to the truth coming out and has sought to filibuster the attempt by the petitioner to demonstrate that most of the coal exported through the Gasuapara LCS has been the illegally mined coal in the State and not coal emanating from outside the State.

Additional Advocate-General appearing for the State submitted that as far as the State is concerned, it only looks at an e-way bill or invoice which is produced by the would-be exporter to indicate the source from which the would-be exporter obtained the coal.

According to the State, it has no duty at all to ascertain the origin of the coal once an apparent valid invoice is presented.

The Court said, “In the light of repeated orders of this Court to the effect that Supreme Court orders were being violated by the State not arresting the illegal mining of coal, the State ought to have been more alive to the fact that internally mined coal may be attempted to be exported by seeking to claim that such coal had been obtained from elsewhere. However, if the State itself is involved in the process, which appears to be the more likely scenario, then the State would hide behind the specious excuse now proffered that it allows transaction by looking at the documents produced without seeking to ascertain the veracity thereof.”

“On the other hand, the State of Assam has expressed its doubts as to the genuineness of the business conducted by respondent No.14 and, whatever steps may or may not have been taken pursuant thereto, at least a nominal FIR has been lodged.

Not even so much appears to have been done by the State of Meghalaya in the matter of arresting the illegal mining of coal in the State,” the court said.

State govt failed to check illegal activities: HC

The Meghalaya High Court today said the failure to check overloaded vehicles points to the state government being a party to the illegal mining and transportation of coal in flagrant disregard of orders passed by the Supreme Court.

Hearing a PIL, the division bench said, “There are several other matters pertaining to the illegal transportation of coal, the failure on the part of the State government to check overloaded vehicles and the like: all of which point to the State government being a party to the illegal mining and transportation of the coal in flagrant disregard of orders passed by the Supreme Court, no less.”

The PIL was filed by one Champer M. Sangma.

It said that the malaise has not been arrested and it has prompted the Court, in the suo motu proceedings, to ascertain whether some Central Armed Police Forces may be engaged to undertake the checking activities.

“There may not be any illegal mining if there is no transportation of such coal and illegal transportation can be checked by police on roads and easily arrested if there was the right intent on the part of the State,” the Court said.

The Court said it appears that several persons have sought to take advantage of the fact that the previously illegally mined coal had been dumped in many places with directions issued by the Supreme Court for its disposal.

It added that until orders were made in the suo motu proceedings instituted in the year 2022, the State had taken no steps to ensure that the previously illegally mined coal till the year 2016 was disposed of.

As a result, fresh coal continued to be illegally mined and dumped in open public view with the State claiming that such coal may have been a part of the previously illegally mined coal.

Mining operations continued in open view and maybe still continue with the State ignoring orders of this Court and orders already in place from the year 2016.

The Court said though the previously illegally mined coal has now been directed to be sold through auction and in the presence of Coal India Limited by a retired Judge appointed for such purpose by this Court, the quantum of coal available appears to be much more than available in 2016.

Further, the Court said that a new method appears to have been put in place where a lot of coal is exported through Gasuapara with such coal being apparently obtained from outside the State.

The object of the exercise in the present petition is to demonstrate that most of the coal recently exported through the Gasuapara LCS has only been coal that has been illegally mined in the State with forged documents showing that such coal has been brought in from elsewhere.

The petitioner claimed that respondent No.14 has no document to show the origin of the coal that was in its possession in April, 2021 when it sought permission to export the same through the Gasuapara LCS.

Directions issued by the Court for respondent No.14 to file its affidavit in such regard has resulted in the documents of Bittu Coal Traders and Vaishno Devi Traders Private Limited being relied upon, despite it being obvious that Bittu Coal Traders, Vaishno Devi Traders Private Limited and Jaimaa Coal Private Limited are, in effect, one and the same entity as they are controlled by the same human agency.

The petitioner complained that queries raised with the State Departments under the said Act of 2005 have fallen on deaf ears despite appeals being carried. The circumstances are such that an adverse reference may rightly be drawn by the Court that the State is averse to the truth coming out and has sought to filibuster the attempt by the petitioner to demonstrate that most of the coal exported through the Gasuapara LCS has been the illegally mined coal in the State and not coal emanating from outside the State.

Additional Advocate-General appearing for the State submitted that as far as the State is concerned, it only looks at an e-way bill or invoice which is produced by the would-be exporter to indicate the source from which the would-be exporter obtained the coal.

According to the State, it has no duty at all to ascertain the origin of the coal once an apparent valid invoice is presented.

The Court said, “In the light of repeated orders of this Court to the effect that Supreme Court orders were being violated by the State not arresting the illegal mining of coal, the State ought to have been more alive to the fact that internally mined coal may be attempted to be exported by seeking to claim that such coal had been obtained from elsewhere. However, if the State itself is involved in the process, which appears to be the more likely scenario, then the State would hide behind the specious excuse now proffered that it allows transaction by looking at the documents produced without seeking to ascertain the veracity thereof.”

“On the other hand, the State of Assam has expressed its doubts as to the genuineness of the business conducted by respondent No.14 and, whatever steps may or may not have been taken pursuant thereto, at least a nominal FIR has been lodged.

Not even so much appears to have been done by the State of Meghalaya in the matter of arresting the illegal mining of coal in the State,” the court said.

Govt assures stop to illegal coal transportation

Deputy Chief Minister in charge of Home (Police) Prestone Tynsong assured that the state police will ensure illegal mining and transportation of coal is stopped at any cost.

Tynsong told reporters that one needs to understand that even if the state police are present 24×7, criminal activities still keep on happening.

“We don’t know when the thief is coming to our house so you need to understand that. You know humanly speaking we are trying our best and we will make sure that illegal mining activities stop at any cost,” he said.

On the Meghalaya High Court’s order for the deployment of the Central Industrial Security Force (CISF) to check illegal transportation of coal in Meghalaya, Tynsong however said the state police is equipped enough to handle the situation in the state.

“Let me assure the people of the state that the state police are equipped enough to handle any situation,” he added.

If the government would appeal against the court order, the deputy chief minister however said, “That I can’t say anything right now because in fact a letter has been sent even to the Ministry of Home Affairs (MHA) to the concerned organization where ultimately they are not able to provide additional forces.”

On March 20, the Meghalaya High Court asked the CISF to indicate its readiness to check the illegal transportation of coal in Meghalaya.

While hearing a PIL, the Court was informed that the logistics to be prepared for the deployment of 10 companies of CISF would take at least four weeks. It was also informed that CISF will be proceeding on the basis that the deployment would be necessary for at least two to three years before the State augments its human resources to take over the task.

Since the selection of personnel, arrangement of even temporary accommodation and the like may require some time, it is hoped that a disciplined force as the CISF indicates within a fortnight from the date as to how deployment on the ground can be ensured within four weeks from today.

The Court had said that since the State had indicated plans to construct or otherwise provide accommodation for CAPF personnel, the State should cooperate in the process and provide basic accommodation to the CISF personnel, including the commandants of the companies.

It had also directed that CISF should identify or engage one or more persons to be in charge by rotation and said, “Such personnel should obtain an appointment with Justice Katakey and, in the presence of representatives of the State, work out the places and modalities for ultimately deploying the 10 companies.”