Shillong, March 13: The Meghalaya High Court on Monday asked the state to take action against ‘real culprits’ behind the illegal coke plants, as per law.
“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 while hearing a PIL filed by Shailendra Kumar Sharma on the matter.
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.
