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.

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.

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.

Court denies Dorphang’s plea for leniency

Dismissing the appeal for leniency filed by former Independent legislator and rape convict, Julius Dorphang, the Meghalaya High Court said the “society at large owes a huge apology to the brave young survivor for having failed one of its most precious and tender.”

Dorphang, a former militant leader of the outlawed Hynñiewtrep National Liberation Council, was convicted and sentenced to 25 years of rigorous imprisonment and a fine of Rs.15 lakh by a trial court for raping a minor.

The convict appealed for leniency on various technical grounds.

“The term of imprisonment of 25 years as awarded by the trial court by indicating cogent reasons therefore, does not call for any interference,” a division bench comprising Chief Justice Sanjib Banerjee and Justice Wanlura Diengdoh said.

“At the time of the commission of the repeated acts of rape on the same woman in Umiam, the appellant was about 52 years old. By imposing a sentence of 25 years of imprisonment, the trial court has ensured that by the time the appellant is let loose again in society, his libido would have been sufficiently lessened by age and adequately chastened by the punishment. He (Dorphang) will then no longer be able to unleash his lust or indulge in any further virile bravado,” the bench noted.

The court further ordered that the convict would have to pay a fine of Rs. 15 lakhs failing which he would have to undergo an additional five years of rigorous imprisonment.

“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,” the Court said.

The state government would also pay an additional sum of Rs. 5 lakhs to the survivor by way of compensation and 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 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,” the Court said, adding the total amount of Rs.20 lakh must be invested in the name of the survivor within three months.

“The state government would 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,” it said.

Additionally, if there is any special programme or working opportunity for the survivor 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.

Dorphang appealed for leniency by arguing through his attorney that the victim’s age cannot be conclusively proven to be that of a minor.

However, based on several accounts, including the victim’s father, the school headmistress and also scientific evidence produced by a dental surgeon and an ossification test conducted by the radiologist, the victim’s age was proven to be around 15-16 years when she was violated, the bench said.

“There does not appear to be any glaring infirmity in the judgment of conviction or the consequent sentence pronounced against the appellant, the trial court dealt with the material before it at great length and justly arrived at the right conclusion,” the bench ruled.