The Assam police has dealt a huge blow to Jai Maa Coal Private Limited in a coal export scam when it reported that the huge quantity of coal that was meant for export to Bangladesh through the Gasuapara land customs station in South Garo Hills was unlikely to have been bought from Beltola.
The report which is by way of a letter issued by the Inspector of Police, Bureau of Investigation (EO), Assam to the Superintendent of Police of the same bureau was submitted to the division bench of Meghalaya High Court during hearing of a PIL filed by Champer M. Sangma.
“During field verification several coal depot/dealer have been visited and on being enquired about possibility/feasibility of dealing of huge quantity of coal covering the period from 2021 it has been revealed … that since 2014 onward, the business of coal has drastically come down after strict guidelines issued by NGT in respect of mining/extraction of coal from Meghalaya. Hence, the possibility of dealing with a huge quantity of coal was not feasible on the part of any of the coal dealers located in the Beltola area. In case of demand for a large quantity of coal by any customer which happens on very rare occasions, the coal dealer has to procure it from Nagaland,” the report said.
The conclusion in the report is that it is unlikely that Jai Maa Coal Private Limited would have obtained the huge quantity of coal that it sought to export from the open market in or around Beltola.
Copies of such field reports and letters have been circulated both to the Meghalaya government and to Jai Maa Coal Private Limited along with the petitioner Champer M. Sangma. The High Court has asked both the State government and Jai Maa Coal Private Limited to respond to the findings of the report at the next hearing.
In the past, there were allegations that Jai Maa Coal Private Limited illegally lifted huge quantities of coal from Meghalaya in 2021 and ferried the same to Assam while at the same time trying to export the same coal to Bangladesh by claiming that it was from the open market in Beltola or its surrounding areas.
During today’s hearing, several papers have been brought on behalf of the Customs authorities in the matter. Such papers include a specimen e-way bill. The sample bill is dated December 16, 2021 and was produced by Jai Maa Coal Private Limited at the Gasuapara land customs station for the purpose of exporting 12 MT of washed blend coal.
The Customs authorities point out that as far as they are concerned, they are only required to check the e-way bill and original e-way bill here carried a signature and rubber-stamp of the Government of Meghalaya and its Directorate of Mineral Resources at two places, one at Dainadubi when the relevant truck may have entered the State and the other at Gasuapara as it cross just before it reached the Gasuapara land customs station.
The Customs authorities also produced a copy of a letter dated March 9, 2022 issued by the Commissioner of Customs (Preventive), North-Eastern Region to the Chief Secretary of Meghalaya. At paragraph 3 of the letter, it was indicated that the Customs officer at Gasuapara land customs station, through which coal is exported are checking the relevant documents to ensure that illegally mined Meghalaya coal is not cleared for export. It also refers to coal in case originating from outside the State of Meghalaya, Mining and Geology Department of the Government of Meghalaya issue export permits or orders and the period of validity of such permits or orders. The letter refers to the provisions of the Mines and Minerals (Development and Regulation) Act, 1956 and the rules framed thereunder and the widespread reporting of illegal coal mining and illegal transportation of illegally mined coal in the State.
After the Gasuapara land customs station authorities received complaints from various quarters, they informed the Meghalaya government stating that the State government should ensure proper verification before permits or orders were issued for export of coal.
Another letter of May 4, 2022 issued by the Commissioner of Customs (Preventive) has also been produced before the court. There is a third letter seeking coordination between Customs officials and the State government dated November 22, 2022. A copy of a previous letter of November 11, 2019 has also been produced where the Union Minister of Finance and Corporate Affairs had written to the Chief Minister of Meghalaya for mandatory checking of transport challans since the Customs authorities do not have the mandate to ascertain the origin of coal at the land customs station.
“Despite the present and several related matters in this Court pertaining to rampant illegal coal mining and despite the orders of the National Green Tribunal and the Supreme Court in such regard from or about 2014 or 2016 and despite several orders of this Court requiring the illegal transportation of the illegally mined coal in the State to be checked and altogether stopped, the State did not find it convenient to refer to any of the aforesaid letters, particularly the letter issued by the Union Minister to the Chief Minister of the State. Considering the discovery of rampant illegal coal mining, the mushrooming of illegal coke plants without any permission or licence and the continuing transportation of coal across length and breadth of the State, including in trucks bearing no registration plates, the role of the State government in utterly disobeying orders of the NGT and the Supreme Court and in being complicit with the illegal mining mafia and the transport mafia, becomes rather obvious,” the High Court said.
Since these documents have come to light just now, the High Court said that it is necessary for both the State government and Jai Maa Coal Private Limited to respond to the same.
“It is expected that appropriate explanations in such regard would emanate, dealing with the observations pursuant to the field study conducted by the relevant police authority in Assam and the documents relied upon by the Customs authorities, particularly by the State of Meghalaya and the respondent No.14 (Jaimaa Coal Private Limited). Copies of the relevant affidavits should be forwarded to the Customs authorities, the petitioner and the State of Assam at least one day before the matter appears next,” the High Court said while listing the matter for hearing on June 1.
