Move to stop illegal coal transport: Centre seeks time for deployment of CAPF

The Centre has sought for time to respond to the Meghalaya High Court’s order for deployment of 10 companies of central armed police force (CAPF) to arrest the transportation of illegally mined coal in the state.

Hearing a PIL on the matter here today, the full bench headed by Chief Justice Sanjib Banerjee said, “The Union seeks time. Let the matter appear a fortnight hence.”

Earlier in its order passed on April 12, the Court had stated “and the Union Ministry of Home, through the Union Home Secretary, is directed 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 Court had also directed the Union to respond on this through the Secretary.

Meanwhile, the Court has also directed, “In the meantime, considering the inadequate ad hoc payments released till now to Justice Katakey, let a further sum of Rs. 3 lakh be paid immediately, in addition to the secretarial expenses for which the directions have been previously issued.”

The next hearing will be held on May 15, 2023.

JHADC told to work with JMB on garbage management

The Meghalaya High Court has asked the Jaintia Hills Autonomous District Council (JHADC) to act in conjunction with the municipality to ease the citizens’ woes in regard to the garbage collection in Jowai town.

“In the meantime, the Jaintia District Council should act in conjunction with the Municipality to ease the citizens’ woes,” the division bench said in its order passed after hearing a PIL filed by the Synjuk Ki Waheh Shnong Jowai.

An affidavit has been filed by the Jowai Municipality pursuant to the order dated April 17, 2023.

The petitioner flagged several issues and said that all is not well in the matter of collection of garbage in the town of Jowai.

The petitioner’s affidavit in such regard should be filed within a week from date, the bench said while adding that the matter will appear 10 days hence.

The next hearing on the matter will be held on May 12.

AIM against gambling in melas

The Awakening Indian Movement (AIM) has sought the intervention of the deputy commissioner of East Khasi Hills district to ensure a blanket ban on gambling at melas being organized by different agencies.

Speaking to media persons, chairman of AIM Bansharai Marbaniang said that many people from other part of the country come to Meghalaya to host various kinds of melas, however these melas have games that encourage gambling with money which is detrimental and have a negative impact on the welfare of the people.

Marbaniang alleged that melas throughout the country are being held in order to provide entertainment to all citizens where they can experience happiness especially for children, students, and youth but at present melas in Meghalaya are being held with gambling which have detrimental and a negative impact on the welfare of the people.

“During our visit to the mela held at the Parking Lot outside Polo Ground in Shillong, the mela hosted various gambling activities with money and young people and students in uniform participated in various gambling games” said Marbaniang.

Marbaniang said that AIM is not against organizing melas in the state, however it stands against the act of gambling that is being held at the venues hence the AIM sought the intervention into this matter.

Ampareen wants report on non-functional health centres

Health Minister Ampareen Lyngdoh has sought a report on non-functional health care centres across the state.

This was after a delegation of the Hynniewtrep Integrated Territorial Organization (HITO) Ri Bhoi District and Dorbar Shnong of Parila village has sought her intervention to make functional the MCH hospital at the village by appointing manpower for the interest of the people of the area.

After the meeting, Lyngdoh told reporters that she will be conducting an inspection to this important health facility at Parila on May 8.

Congress MLA Celestine Lyngdoh and Nongpoh MLA Mayralborn Syiem, who is the adviser in the health department, will also be present during the inspection.

“I hope I will be able to attend to the important facility that has been used as a Covid centre and used as a quarantine centre. So we will go and we will see and until that time I hope I will do all my homework before May 8,” she said.

The minister informed that there was some issue related to staff and said, “I don’t know whether posts have been created and sanctioned or interviews have been conducted. We will have to look at the HR allocation but with the NHM in place, I am sure we will be able to run it adequately so let us wait and see what information I gather before the actual inspection.”

When asked, Lyngdoh said she will send a team of officials to inspect across the state and submit a report on non-functional health centres.

“I will take that report sometime in the first week of May and accordingly we will try to address the shortfalls and accordingly we will try to ensure that we upgrade or make all such facilities operational and it is a humongous task as I have to go across the state to check these centres,” she said while adding that “So we will begin with Parila and we will see where we go next and I am determined to make difference and I will try my best. We must make sure that if facilities have been raised they should be operational.”

On the other hand, the minister maintained that she will ensure there is no politics in this sector and said, “…at the end of the day the health facilities of the state must conform to certain standards and I am a very willing minister to ensure there is no politics in this sector at least.”

HC asks Jowai Municipal Board how it is disposing garbage

The Meghalaya High Court today directed the Jowai Municipal Board to file an affidavit to indicate how the garbage is being disposed of at the moment in Jowai town.

Hearing a PIL filed by the Synjuk Ki Waheh Shnong Jowai, the division bench said that despite the Jowai Municipality’s assertion that a better schedule for garbage collection is now in place, the petitioner complained that collection takes place only several times a month, rather than several times a week.

Despite previous observations, both the Jowai Municipality and the State appear to be rather indifferent to the plight of the residents in Jowai, it said.

The Court said since the Municipality claims that a better schedule is in operation and seriously disputes the submission made on behalf of the petitioner, the relevant schedule should be disclosed by way of an affidavit when the matter appears a week hence.

“The schedule should indicate the localities where trucks are assigned, the registration numbers of the trucks and the duration that the trucks remain for collection of garbage at various localities. A map of Jowai should accompany the affidavit to indicate that the entirety of the town is covered by the garbage collection drive. The Municipality should also indicate how the garbage is being disposed of at the moment, even while the compost plant is being made ready,” it said in the order.

The next hearing will be held on April 27.

Govt asked to spell out plans to address traffic problems

The Meghalaya High Court has directed the State to file an affidavit indicating the steps taken and proposed to be taken to ease the traffic congestion in Shillong City.

“The State’s affidavit should indicate the plans to be implemented over the next few months, those over the next few years and the long-term goals taking into consideration the rate of increase of private cars and vehicular traffic, the burgeoning tourism industry and the available space,” the division bench said in its order passed while hearing a PIL on the matter.

It said that several months back, the State had indicated that most of the parents of school-going children in the city had agreed to opt for their wards being ferried to schools by bus, provided the State government took the responsibility of running such service.

“Indeed, it was indicated that about 50 to 60 buses were being acquired for such purpose. However, nothing seems to have been implemented in such regard,” the Court added.

Further, the Court also said that there were other long-term and short-term plans which had been tentatively indicated, particularly following suggestions by the IIM, Shillong and by a foreign agency apparently engaged by the State for such purpose.

“Again, nothing appears to have come of it apart from a ropeway being planned, and that too, for tourism purposes,” it added.

The next hearing will be held on May 3.

Militancy at its lowest, says State DGP

Director General of Police (DGP) Dr LR Bishnoi has stated that the law and order situation in the state is more or less peaceful.

“It is under control and we are getting full cooperation from the people,” Dr Bishnoi told reporters after a meeting at the police headquarters.

He said in the districts, most of the crimes are not directly linked to the law and order.

“Fortunately, militancy is also at its lowest level and whatever remnant groups are there, they are in the peace process they are talking to the central interlocutors also,” Dr Bishnoi said while adding “Not much problem as of today but future challenges will remain and for that we are trying to strengthen our law and order branch so that they can deal with the situation immediately.”

The Meghalaya High Court was not happy with the performance of the state police especially in regards to the illegal transportation of coal, the DGP said, “We are going as per the high court orders wherever the mistakes are pointed out we are trying to plug the loopholes but again you know the area is so much and the police strength is not proportionately adequate to dominate each and every inch of the land of the state so sometimes you know through the jungle route some may indulge in the transportation of illegal coal etc for that also we are trying to dominate it by the patrolling.”

“So by and large it is under control now and whatever the direction from the court or government given to the police department we will definitely try to follow those,” he added.

Julius Dorphang case: HC rule out interference with judgments

The Meghalaya High Court has decided not to interfere with the judgment of the trial court which sentenced former Mawhati legislator Julius Dorphang to 25 years in imprisonment for raping a minor girl even as it directed that the survivor be paid compensation of Rs 20 lakh.

“Accordingly, the term of imprisonment of 25 years as awarded by the trial court by indicating cogent reasons therefor, does not call for any interference,” the division bench headed by Chief Justice Sanjib Banerjee said in its judgment while dismissing the appeal filed by Dorphang.

The Court said considering the age of the convict, such a tenure could be 15 years or 20 years or 30 years or any number of years in between. The discretion that is exercised is for the benefit of the convict by not awarding the maximum sentence permissible.

“In such a scenario, even though there is no specific prescription in the provision for awarding a sentence of 15 years or 20 years or 22 years of imprisonment if such tenure is indicated, it will be deemed to fall within the bandwidth of discretion made available to the court by the relevant provision,” it added.

Dorphang was challenging the order dated August 24, 2021 passed by the Special Judge Protection of Children from Sexual Offences (POCSO), FS Sangma in Ri-Bhoi district which sentenced him to 25 years imprisonment.

Meanwhile, the Court has directed the State to ensure the continued well-being of the survivor, at least till she reaches the age of 25.

“The fine, if paid, and a total amount of compensation not less than Rs.20 lakh, should be provided by the State to the survivor by way of investments that would mature on a periodic basis for her to receive the same. In other words, the State will pay a further Rs.5 lakh to the survivor by way of compensation, in addition to the sum of Rs.15 lakh that she receives from the fine. If the appellant does not pay the fine and serves a further five years of rigorous imprisonment, the State will make over the equivalent amount of Rs 15 lakh to the survivor,” it said.

“The total amount of Rs 20 lakh must be invested in the name of the survivor within three months from date with the State taking adequate measures to ensure that the entire amount is not squandered in a hurry or the survivor is cheated of any part of it by any other person,” the Court added.

The judgment further stated that the State will also be responsible for taking care of all the medical needs of the survivor free of cost and befitting a Grade-II officer of the State for at least the next 20 years.

In addition, if there is any special programme or working opportunity that is available or for which the survivor qualifies or if there is any late education programme for women where the survivor may be accommodated, the State should provide all assistance to the survivor to lead a remaining normal and healthy life, it said while asserting “The society at large owes a huge apology to the brave young survivor for having failed one of its most precious and tender.”

Further, the Court stated that nothing said herein and nothing done pursuant to this judgment and order will stand in the way of the proceedings arising out of the FIR filed on behalf of the survivor at Madanryting being brought to a logical conclusion in accordance with law.

Govt had appealed for prospective implementation of roster system

Deputy Chief Minister Prestone Tynsong today said that the state government had pleaded before the Meghalaya High Court to allow implementation of the roster system ‘prospectively’.

“After the High Court has given its ruling in 2022, we have filed an affidavit (on this matter) not less than three times where we pleaded with the High Court to allow us (government) to implement the roster system prospectively not retrospectively,” Tynsong told reporters.

“But the High Court at that point in time insisted us that it should be implemented retrospectively meaning from the inception of the state reservation policy,” he said when responding to a query with regards to the demand of the Voice of the People Party to put on hold implementation of the roster system pending the review of the state reservation policy.

Tynsong however informed that the government would soon convene a cabinet meeting and an All-party meeting to discuss the roster system.

“Again we are waiting for the chief minister to reach Shillong and we will call a meeting, we will have a cabinet meeting and also we will have an all-party meeting with all responsible leaders and we will share and will discuss how to go forward,” he said.

The Deputy Chief Minister said, “I have no right to reply on behalf of the High Court but that’s what I am saying the point is very clear that we pleaded already as we wanted to implement it prospectively but the high court insisted and said on record that it should be implemented from the inception of reservation policy. So as of today, it stands like that.”

Them Iew Mawlong: HPC waiting for govt’s call

The Harijan Panchayat Committee (HPC) has said that they are waiting for the state government to call for a meeting to discuss the issue related to the relocation of the Sweepers’ Colony from Them Iew Mawlong.

“We are waiting for the government’s call,” HPC secretary Gurjit Singh said.

He however refused to indicate if the committee would submit its reply on the government’s proposal.

Meanwhile, Deputy Chief Minister Prestone Tynsong informed that the government would soon fix a meeting with the HPC to further sensitize them on the stand of the government and to also listen to their point of view on the matter.

“We are waiting for the return of the Deputy Chief Minister in-charge urban affairs as we want to convene a meeting with the HPC within this month,” he added.

Tynsong said that he is not aware if the HPC has sent any communication to urban affairs with regards to the reply to the government’s proposal.

On March 16, the state government set a deadline to the HPC for submitting its reply by April 10, with regards to the proposal for relocating of the Sweepers’ Colony from Them Iew Mawlong to the existing land of the Shillong Municipal Board (SMB).

The government had also turned down the request of the HPC to give another three months’ time to respond to the proposal.

The decision was also taken following an order of the Meghalaya High Court on February 16, asking the state government to immediately resolve the issue after the Assembly elections.

On September 29, last year the state government presented the blueprint to the HPC during a meeting, which indicated its decision to construct multi-storey flats at the existing official quarters of the Shillong Municipal Board (SMB) for relocation of the 342 families.

The state government had outrightly rejected the April 25,2022-proposal of the HPC that 200 square meters of land be provided to each of the 342 families within the European ward besides bearing the cost of construction of their homes.