Shillong, Feb 25: The Meghalaya High Court has ordered the State government to act against NGOs and officials who are part of the whole chain in illegal mining and transportation of coal in the State.
“What is deemed necessary by this Court is also the examination of the manner of the transport of illegally extracted coal and the role of transport officials, Police, non-State players, such as NGOs, which is part of the whole chain in the facilitation of illegal mining operations,” a division bench of Justice Hamarsan Thangkhiew and Wanlura Diengdoh said.
Hearing a sou-motu PIL on illegal coal mining, the court stressed that sustained efforts need to be continued to not only check illegal mining but also in the process, action be taken against persons, officials in the District, as well as officials of the Directorate of Mining and other Police officials under whose watch the Thangsko incident happened.
The High Court is also unhappy with the terms of references of the judicial inquiry commission. “Though appearing to be exhaustive, calling for the submission of a comprehensive fact finding report on the acts and or omissions of the persons and/or authorities concerned, there is however, no mention as to the accountability and liability of such persons, or authority on whom responsibility can be fixed to enable action to be taken against them in accordance with law,” the court said.
Another crucial aspect that has not been considered in the terms of reference, the court said, is the necessity of investigation and enquiry into the nexus between the supply and demand of illegal coal. “No illegal extraction would occur if the same was not fueled by demand which makes this dangerous activity highly profitable,” it said.
“This point is of extreme relevance as considerable investment is required for mining and extracting coal even in the manner that is being practiced,” the court noted, and directed the State to include this in the terms of reference for inquiry.
The court also said that it expects the investigation and action to be taken by the Special Investigation Team (SIT) should be incisive and effective, which will discourage any future illegal mining activity.
In the status report submitted by the State on February 19, the court found that measures taken for compensation and other actions with regard to investigation and enquiry are not adequate to address the situation effectively.
“It is of absolute necessity for the state respondents at this stage, to show credibility and to instill confidence in the minds of the public, that an incident that has shaken the collective consciousness of the citizens, is dealt with in a deserving manner to demonstrate that the Rule of Law prevails,” the court pointed out.
The court noted that only the next of kin of eight deceased persons have been given interim relief, whereas 15 deceased persons, who are residents of Nepal and 13 from Assam, no information has been provided as to what steps have been taken to disburse the same.
The Advocate General expressed difficulties that authorities’ were unable to identify and secure the next of kin to whom the compensation could be paid.
However, the court maintained that this should not be an impediment. The State has been directed to immediately take steps through the Nepalese Embassy with regard to the deceased persons from Nepal and Assam and to intimate and identify their legal heirs to whom the compensation can be disbursed after due verification.
In the status report, the state indicated that 77 FIRs have been registered and 14 persons arrested, including three coal mine owners, after the Thangsko explosion.
The state said 16,260.5 MT illegal coal and explosives (74 detonators, 25.5 Kg of gelatine sticks) were seized and other allied equipment were confiscated and cranes dismantled.
According to the state, Rs 2.40 lakhs has been disbursed to the next of kin of eight deceased persons.
It informed the court that two officers in charge of the concerned Police Outpost were suspended and transferred the Superintendent of Police, East Jaintia Hills.
Superintendent of Police Pankaj Rasgania and former SP Vikash Kumar have been summoned again for the next hearing on March 5, 2026.
