Shillong, Dec 7: The Meghalaya High Court on Wednesday issued a rule of contempt against the East Jaintia Hills Superintendent of Police (SP) after a report revealed illegal mining of coal being carried out in the district.

The order was passed by the full bench headed by Chief Justice Sanjib Banerjee based on the report sought by Justice BP Katakey from the Deputy Commissioner, East Jaintia Hills on a news report stating that “wonder caves in Jaintia Hills are at risk from rampant mining”.

The report furnished by the Deputy Commissioner on December 3, revealed attempts at illegal mining of coal in the recent past including blasting that has endangered the Krem Lait Prah cave situated at Shnongriam village, East Jaintia Hills.

The Deputy Commissioner also reported that directions have been issued to the relevant Magistrate to undertake frequent inspections and to impose prohibitory orders under Section 144 of the Criminal Procedure Code, 1973.

“It, thus, appears that despite the several orders of this Court issued as a consequence of the ban imposed by the NGT as upheld by the Supreme Court, illegal mining of coal continues in the State with, possible, State participation and even encouragement,” the court observed.

It accordingly directed, “Since previous orders of this Court had indicated that the relevant Superintendent of Police would be held in contempt if illegal mining or transportation of illegally mined coal was discovered within his jurisdiction, let a rule of contempt be issued against the Superintendent of Police, East Jaintia Hills based on the report dated December 3, 2022 filed by the Deputy Commissioner of the same district.”

Justice Katakey submitted his ninth interim report during the hearing on a PIL related to illegal coal mining in the state. His report revealed a serious issue from which it is evident that the State continues to “play fast and loose” with the Court.

The court said in course of re-verifying and reassessing the quantity of coal that had been mined prior to the prohibition and that had to be auctioned, the Chief Secretary has stated in a report of September 20, 2022 that 32,56,715 MT of coal was available for auction.

The status after further verification, as indicated in the latest report filed by Justice Katakey, is that prior to the imposition of the ban the total quantum of coal available was 19,54,258.816 MT which include: (1)East Jaintia Hills – 8,90,670 MT (2) West Khasi Hills – 3,86,253 MT (3) South Garo Hills – 3,77,790 MT (4) South West Khasi Hills – 2,99,545.816 MT.

“What is apparent is that in addition to the previously illegally mined coal measuring approximately 19,54,259 MT a further 13 lakh MT of coal was illegally mined, transported and discovered which the State sought to pass off as coal mined prior to the imposition of the ban,” the court said.

It added, “There is, no doubt, further amounts of coal, in addition to the total quantity of 32.56 lakh MT as indicated in the Chief Secretary’s report of September 20, 2022. For such purpose, Justice Katakey has suggested drone videography and a meeting in such regard was held on December 2, 2022.”

As to the transportation and auction of the previously mined coal, the court said the exercise should proceed as planned.

It further directed that the directions issued by Justice Katakey should be adhered to and the drone videography and photography that he has suggested should be completed without undue delay.

“The remainder of the coal out of the approximately 32,56,715 MT of coal as indicated in the Chief Secretary’s report of September 20, 2022 has also to be auctioned since that is illegally mined,” the court said while further directing Justice Katakey to oversee the transportation and sale of even such part of the coal and any further quantity that may be seized by the State as a consequence of the illegal mining that continues.

The next hearing on the matter will be held on February 7.