
The Meghalaya High Court has directed the state government to expand the scope of the Judicial Enquiry Commission to examine the link between suppliers and buyers of illegal coal in the state. The direction comes in the wake of the recent mine explosion at Mynsngat-Thangsko in East Jaintia Hills district, in which 33 people lost their lives. The incident has once again brought the issue of illegal coal mining into focus. In an order passed on Tuesday, a division bench comprising Justice HS Thangkhiew and Justice W Diengdoh said that while the existing terms of reference of the commission appeared detailed, they did not clearly mention fixing accountability and liability on responsible persons or authorities.
The court observed that a fact-finding report alone would not be enough unless responsibility is clearly fixed so that action can be taken as per law. The bench also stressed that illegal extraction continues because there is demand for such coal, which makes the activity profitable despite the risks.The court said it was necessary for the state to include the supply-demand nexus within the terms of reference of the commission. The High Court also reviewed the Special Investigation Team (SIT) set up to probe the Thangsko accident. The bench noted the assurance given by the Advocate General that a more senior officer would head the SIT, instead of a Deputy Inspector General. The court expressed hope that the investigation would be effective and discourage future illegal mining.
While examining the status report submitted by the state, the court took note of FIRs registered, arrests made, and seizures of illegal coal, explosives and equipment. However, the bench said sustained efforts were needed. It stressed that action should also be taken against district officials, mining authorities and police officers under whose watch the incident occurred. The court further underlined the need to investigate the transportation of illegally mined coal and the role of transport officials, police personnel and other actors involved in the chain.
