Meghalaya HC Reprimands State Govt for Allowing Coal Export Without Verifying Origin

The Meghalaya High Court reprimanded the state government for permitting coal export through land customs stations in the state without verifying the source or origin of the coal.

A division bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh made the remarked during the hearing of a Public Interest Litigation (PIL) filed by Champer M Sangma.

“It is alarming that despite the state understanding the purport of the request by Central agencies, it was so lax that it allowed tens of thousands of metric tonnes of coal to be cleared for export through land customs stations within the state without, apparently, seeking to ascertain the source or origin of such The bench emphasized the issue of coal, stating that the state had received numerous letters from central agencies and the Union Finance Ministry regarding illegal coal mining and transportation before the court initiated suo motu proceedings. The high court remarked that the complicity of the state with the mafia and the illegal coal mining and transportation racket is evident. It further stated that there is little doubt that higher authorities in the administration benefit from these illegal activities and are responsible for the significant revenue loss incurred by the state. In a recent affidavit, the state mentioned:

“The state tenders an unconditional apology for not putting on record these documents in these proceedings on earlier occasion or else the observations made by this Hon’ble Court in order dated 17.05.2023 attributing complicity to the state would never have occasioned…” The bench stated indeed, the suo motu proceedings pertaining to illegal mining of coal were initiated in or about March of 2022 and matters pertaining to the illegal transportation of such illegally-mined coal were addressed in several orders from or about April, 2022.

Additionally, the court stated that it would not be unreasonable to conclude that Jaimaa Coal Private Ltd, which the petitioner raised concerns about, could potentially be a state-supported entity instrumental in financing the profitable illegal coal mining business in the state. The high court also mentioned that both the petitioner and the respondents have the opportunity to address the contents of the state’s recent affidavit.

The bench listed the matter for further hearing on 15^th June, 2023.