Shillong, Feb 24: The High Court of Meghalaya has expressed unhappiness over the phrases of reference of judicial inquiry fee, Special Investigation Team and the standing report of the federal government on Mynsngat Thangsko mine tragedy.
The court docket noticed that the matter was taken on Tuesday for passing additional orders in reference to the incident at Mynsngat-Thangsko, whereby 34 staff misplaced their lives and 5 have been grievously injured. The standing report filed by the state respondents on February 19 in compliance to the order on February 9, has been examined by the court docket.
More phrases of reference for Judicial panel
The division bench comprising Justices W Diengdoh and HS Thangkhiew mentioned that within the phrases of reference of the Judicial Inquiry Commission, there isn’t a point out as to the accountability and legal responsibility of individuals, or authority on whom accountability will be fastened in order that motion will be taken in opposition to them in accordance with legislation.
Another essential side that has not been thought-about is the need of investigation and enquiry into the nexus between the provision and demand of unlawful coal, inasmuch as, no unlawful extraction would happen if the identical was not fueled by demand which makes this harmful exercise extremely worthwhile.This level is of utmost relevance as appreciable funding is required for mining and extracting coal even within the method that’s being practiced. As such, it’s crucial that the State respondents embrace this within the Terms of Reference for due enquiry.
Compensation must be inclusive
As the state authorities has offered compensation to the households of eight victims, the court docket wished identification of 15 households from Nepal by Nepal Embassy and 13 from Assam for disbursement of ex-gratia.
Deficiencies in standing report
The court docket whereas inspecting the Status Report finds that the measures taken for compensation and different actions with regard to investigation and enquiry should not ample to deal with the scenario successfully. It is of absolute necessity for the state respondents at this stage, to indicate credibility and to instill confidence within the minds of the general public, that an incident that has shaken the collective consciousness of the residents, is handled in a deserving method to display that the rule of legislation prevails.
Restructuring SIT
The Advocate General on the priority expressed as to the SIT being headed solely by a Deputy Inspector General has assured the court docket {that a} extra senior official shall be tasked to move the staff.
“It is expected that the investigation and action taken thereon, is to be incisive and effective, which will discourage any future illegal mining activity”, he mentioned.
This court docket, nevertheless is of the agency view that sustained efforts should be continued to not solely test unlawful mining but additionally within the course of, motion be taken in opposition to individuals, officers within the District, in addition to officers of the Directorate of Mining and different officers beneath whose watch the Thangsko incident occurred.
“Added to this, what is deemed necessary by this court is also the examination of the manner of the transport of illegally extracted coal and the role of transport officials, police, non-state players, such as NGOs, which is part of the whole chain in the facilitation of illegal mining operations”, the court docket mentioned..
Another essential side that has not been thought-about is the need of investigation and enquiry into the nexus between the provision and demand of unlawful coal, inasmuch as, no unlawful extraction would happen if the identical was not fueled by demand which makes this harmful exercise extremely worthwhile.
This level is of utmost relevance as appreciable funding is required for mining and extracting coal even within the method that’s being practiced. As such, it’s crucial that the State respondents embrace this within the Terms of Reference for due enquiry.
As the Advocate General has undertaken to apprise the court docket on additional steps that may or have been taken, the matter will likely be heard on March 5. for additional orders.
Pankaj Rasgania, Superintendent of Police, East Jaintia Hills and Vikash Kumar, the previous Superintendent of Police, should be current for the listening to.
