Illegitimate coal mining operations in Assam face a stern warning from the Gauhati High Court
The Gauhati High Court has taken a stern stance against alleged illegal coal mining operations in Assam, issuing summons to two senior administrative and police officers of the state. The summons come after the court's order mentioned that about 22 months have passed, and the affidavits by the home department and the DGP Assam have not been filed.
The public interest litigation (PIL) filed in 2020 regarding the proposed diversion of forest land for open cast mining and the approval granted to Coal India Limited is being heard in the court. The PIL also aims to declare Jeypore forest reserve and the Tirap, Dalai, and Makumpani proposed reserve forests under Dibrugarh and Digboi forest division as wildlife sanctuary.
Advocates DK Das and RS Choudhury appeared for the petitioners in the case. The court has directed the principal secretary of the state's home and political department and the Director General of Police to personally appear before the court. The officials have been given until February 14 to file the affidavit, or they will need to appear in court on that date.
If the affidavit isn't filed on February 13, the two senior officers will have to personally appear before the court on February 14. The court order states that if personal appearance is not ordered, it appears that no affidavits are being filed.
The court is considering initiating contempt proceedings against the erring officials for adversely affecting the administration of justice through their non-cooperation. The court's order also mentions that contempt proceedings would have far-reaching consequences. The court is aware that top government officials ordinarily should not be called before the court, but due to the non-filing of affidavits, it may need to initiate contempt proceedings.
Coal India Ltd had claimed that it had stopped its mining activities in the reserve forest area, and the mining activities are now being carried on by some other entities. The PIL also seeks to declare the Dehing Patkai elephant forest reserve and the corridors and other eco-sensitive areas around the said sanctuary as ecological fragile region.
The Gauhati High Court has directed the home department and the state police of Assam to file an affidavit on February 13 regarding steps taken for the closure of all illegal mining activities within the area covered by the PIL. The search results did not provide the names of the two senior administrative and police officers requested by the court for a personal appearance if the Assam government affidavit is not submitted by February 13.
The court's order further mentions that about 22 months have passed, and the affidavits by the home department and the DGP Assam have not been filed. The PIL also calls for a high-level enquiry by the Central Bureau of Investigation or the Central Vigilance Commission to fasten criminal and civil liability on the erring officials of the forest department and Coal India Limited.
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