ACHIK moves Court against communal imbalance

Staff Reporter

Shillong, April 5: The Achik Conscious Holistically Integrated Krima (ACHIK) has informed that its vice president Greneth M Sangma had approached the Meghalaya High Court for the protection against any sort of communal imbalance in the state and protection against any discrimination and danger against the Garo tribe living within the state of Meghalaya and Shillong specifically in view of the issue related to the roster system and implementation of the reservation policy.

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In a statement issued today, the ACHIK said that the High Court had given assurance that if any kind of disturbance or communal if need arises, the High Court is open to hearing the plea but since at present only the statement is doing round and no actual communal act has been committed by any group or section of the individual.

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The ACHIK said the PIL filed by its vice president Greneth M Sangma stands un-entertained but with an option to approach and inform HC if any crisis is evoked in any manner in future. The High Court also assured that the roster system cannot be affected, since it is just and fair, it added.

Judiciary leaves details of roster system to executive, legislature

Staff Reporter

Shillong, April 4: The Meghalaya High Court today said how far back the roster system would be made applicable, these are policy matters that are best left to the legislature and the executive of the state.

In its order, the division bench headed by Chief Justice Sanjib Banerjee has dismissed a PIL filed by one Greneth M Sangma without going into the merits of the matter pertaining to the roster system for reserved seats in the State and said, “The Court may be called upon to look into the matter at a more appropriate stage.”

The Court said the judicial notice needs to be taken of the discussions pertaining to the roster in the new Assembly.

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“However, it does not appear that any decision has yet been taken as to a cut-off date or the like or how far back the roster system would be made applicable. These are policy matters that are best left to the legislature and the executive and upon a firm stand being taken, it will be open to any citizen affected thereby to question the propriety thereof in accordance with law,” it said while adding that “As of now, and without a decision in such regard having been taken by the Assembly which is actively discussing the matter, the present petition should not be entertained.”

The Court also stated that this petition, apparently filed in the public interest, appears to be an attempt to muddy the already disturbed waters.

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The order said it was discovered in the year 2022, quite accidentally in course of a service matter before a Division Bench of this Court, that though the reservation policy had been in place in this State since its inception in January, 1972, there was no roster that had been prepared.

Accordingly, this Court took suo motu cognisance of such irregularity and required all appointments to be stayed till a roster was prepared.

Certain ancillary directions were also issued. A roster was prepared.

The Court noticed that a roster had been prepared and the matter was given a quietus without going into the veracity of the roster that was prepared and upon prima facie satisfaction that the roster adhered to the extent of reservation of about 85 per cent that is in vogue in the State, the order stated.

Meghalaya HC calls for action against ‘real culprits’ behind illegal coke plants

Staff Reporter

Shillong, March 13: The Meghalaya High Court has asked the state to take action against ‘real culprits’ behind the illegal coke plants, as per law.

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“If the real culprits are well known, it would be expected of the State to take appropriate action against them in accordance with law,” the full bench headed by Chief Justice Sanjib Banerjee said in its order today while hearing a PIL filed by Shailendra Kumar Sharma on the matter.

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DSGI Dr Mozika informed the Court that after orders have been passed for shutting illegal coke plants, the real persons who started the illegal operations may have abandoned most of the coke plants and the local persons or the workers may have taken over their reduced operations.

Dr Mozika suggested that the identification of the kingpins should not be a difficult job as they are well known.

Advocate-General submitted that the State has called upon the investigating agency to trace out the original operators and bring them to book.

Additional penal provisions have, apparently, been incorporated in the original FIRs to facilitate such a process.

Earlier, the State had fairly submitted that there is no impediment to shutting down all illegally operating coke plants in the State.

As to what may be perceived to be illegally operating coke plants would be if such plants do not have any license or permission to operate or, even if they do possess the requisite license, the source of coal is not legitimate. Both aspects are of key importance.

The State has offered that this aspect of the matter may also be looked into by Justice Katakey, as suggested on behalf of the petitioner.

“Accordingly, the petitioner is given liberty to approach Justice Katakey who has been appointed to monitor the implementation of the orders of the National Green Tribunal and the Supreme Court pertaining to illegal coal mining in the State to ensure that similar illegality is not perpetuated by illegally operating coke plants,” the Court said.

Any matter pertaining to illegally operating coke plants may be incorporated in the interim reports that are filed regularly by Justice Katakey in the suo motu proceedings.

While hearing another PIL pertaining to a similar matter, the Division Bench said that some directions have been issued, including for Justice BP Katakey (retired), to monitor the coke plants which are operating in the State and their status, based on whether they have permission to operate and also the source of the coal being used.

“The relevant matter has been adjourned for eight weeks upon recording the State’s submission that the State is interested in demolishing all illegally operating coke plants and ascertaining the identities of the real persons who started or continue such operations,” it said.

Liberty is given to the petitioner to approach Justice Katakey with any details that may assist Justice Katakey in monitoring the operations at the coke plants in the State, it added.

The next hearing will be held on May 9.

Meghalaya High Court orders CISF deployment to check illegal coal transport

Staff Reporter

Shillong, March 13: The Meghalaya High Court has ordered deployment of 10 companies of central industrial security force (CISF) to check illegal transportation of coal.

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This was after the state had indicated that a sum of Rs 316 crore would be required for construction of quarters and barracks if 100 companies of CRPF are to be deployed in the state.

In its order, the full bench headed by Chief Justice Sanjib Banerjee said, “Instead, it appears to be fair and reasonable to this Court to deploy 10 companies, not of CRPF but of Central Industrial Security Force. That is because, as the Central government duly points out, the CRPF functions under the command of the State police whereas CISF can function independently.”

On a query from the Court, it was submitted on behalf of the Central government that CISF would be able to handle the aspect of checking goods vehicles.

“Considering the total area in the State and that some of the remote pockets do not have roads or even the menace of illegal coal mining and its transportation, 10 companies of CISF should be enough to check the vehicles and completely arrest the illegal transportation of coal,” the Court said.

“While CISF is engaged in checking the vehicles, there is no doubt that it would also check for contraband and ensure that the goods vehicles conform to the weight limits for plying on the State and national highways in Meghalaya,” it added.

The Court also directed Dr Mozika to ascertain the logistics and formalities for 10 companies of CISF to be deployed for the purpose of checking the illegal transportation of coal in the State.

“The process may not last several years as the State proposes to open up scientific mining and grant licenses therefore in accordance with law which may make illegal coal mining an unattractive proposition thereafter,” it said.

Justice Katakey has filed an 11th interim report which the State and the Central government should consider.

The Court further said it was also proposed that upon the 10 CISF companies being made available for the indicated purpose, the key areas which need to be manned and guarded would be decided in consultation with Justice Katakey.

“It is made clear that the deployment of CISF will be on payment basis, subject to negotiation between the State and the Centre,” it stated.

Earlier, the State has prepared a blueprint for the deployment of the Central Reserve Police Force in the State to check the illegal mining of coal and its transportation.

The State’s plan is rather grandiose as it seeks deployment of 100 companies in the eastern range and 60 companies in the western range where one company consists of 135 personnel.

Though the State has indicated in great detail the number of companies to be deployed in the 12 districts, including bifurcating the companies which would be involved in checking vehicles and others which would check the mining activities, the cost implication, even on a short-term, temporary basis, may make it unfeasible.

Indeed, only on account of construction of quarters and barracks, the State has indicated a sum of Rs 316 crore and for requisitioning vehicles an annual expenditure in excess of Rs 58 crore.

At any rate, even if the infrastructure constructed may be put to use by the State upon the CRPF no longer being required, it would take a considerable period to complete the construction and it would be a Herculean task to house 160 companies on a temporary basis.

Indeed, the State’s coal reserves may be exhausted by the time the State’s grand design is put in place.

The next hearing will be held on March 20.