Legally Speaking

Illegal Coal Mining: Meghalaya HC Halts Trial in Mysterious Death of Police Official, Orders Fresh Probe

The Meghalaya High Court has recently put a halt to the trial related to the mysterious death of a police official who had detained 32 trucks allegedly involved in the illegal transportation of coal.

A bench of Chief Justice Sanjib Banerjee and Justice W Diengdoh, expressed dissatisfaction with the findings of the Special Investigation Team (SIT) that ruled the death of sub-inspector Pearlystone Joshua Marbaniang as suicide in January 2015. The court ordered a fresh investigation and directed that the trial be suspended until further orders.

During the hearing, the Chief Justice expressed difficulty in understanding how a person could be shot in the back of the head or commit suicide in such a manner. The court emphasized the need for a fresh investigation to ensure fairness and impartiality, stating that the case did not appear to be a simple matter of depression. The bench instructed Meghalaya Additional Advocate General K Khan to provide assistance in the case.

The High Court also noted that the SIT report revealed the extent of illegal mining and transportation of coal, timber, and stones in the state. The report exposed the existence of registers with fixed rates per truck for facilitating the illegal transportation of these resources, implicating certain officials. The matter will be heard again on July 27.

The plea for a CBI probe into the unnatural death of police officer Pearlystone Joshua Marbaniang was filed by his mother, and earlier in March 2016, the High Court had rejected the plea. The Supreme Court later remitted the case back to the High Court in May. The High Court then requested a fresh report from the SIT comprised of Meghalaya Police officials.

Additionally, the High Court has been addressing the issue of illegal coal mining in the state through a suo motu case. The court has emphasized the need for a thorough investigation without any political agenda and has previously highlighted the involvement of the local administration in these illegal activities. In February of this year, the court ordered the deployment of Central Armed Police Forces (CAPF) to monitor and prevent such practices, which has been challenged in the Supreme Court. Recently, the High Court suggested that the Central Bureau of Investigation (CBI) should investigate the issue of illegal mining.

 

Nunnem Gangte

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