E-Paper
2018 Beas killer spill: HC refuses to quash criminal proceedings against sugar mill
The high court bench said the imposition of fine by the Punjab Pollution Control Board (PPCB) for the alleged offence cannot be construed as an embargo on initiation of criminal prosecution against the sugar mill and other accused
The Punjab and Haryana high court has dismissed a petition from Chadha sugar mills, seeking quashing of criminal proceedings for alleged spill of molasses into Beas river on May 17, 2018, that killed hundreds of fish and contaminated water for several kilometres, in Kapurthala, Amritsar and Tarn Taran districts.
The high court bench of justice HS Brar, while dismissing the plea, which also challenged their summoning by the trial court, said the imposition of fine by the Punjab Pollution Control Board (PPCB) for the alleged offence cannot be construed as an embargo on initiation of criminal prosecution against the mill and other accused.
Countless fish and other aquatic animals were found dead in Beas river on May 17, 2018, allegedly due to water contamination caused by release of the molasses (byproduct obtained from refining of sugarcane) stored on compound of Chadha Sugar Industries Private Limited, located at Kiri Afgana village near Sri Hargobindpur in Gurdaspur district.
The incident reportedly happened due to a sudden increase in temperature caused by an unanticipated heat wave. Consequently, the molasses overflowed from the plant, into the Beas river via the Kanhuwan drain, as per the report prepared by authorities. The same month, PPCB had imposed a fine of ₹5 crore and also ordered initiation of criminal proceedings against the mill.
Two criminal complaints were filed for the incident, one complaint number (number 31) filed by a district forest officer in 2018 in a Tarn Taran court and second complaint (number 41) was filed on October 31, 2018, in Ferozepur district for the same set of allegations. The proceedings of this complaint were stayed by the high court in 2023.
The mill and some of the persons arrayed as accused in the first complaint had approached the high court this year, seeking quashing of criminal complaint (31) arguing that there was nothing on the record that would attribute the occurrence to any act on their part.
It was further claimed that a report prepared pursuant to the probe ordered by the National Green Tribunal, for which investigation was done by the Central Pollution Control Board, the PPCB and the Punjab Fisheries State Development Board, had exonerated the petitioners of any wrongdoing.
In fact, the PPCB issued a certificate for renewal of operation under the Water (Prevention and Control of Pollution), 1974, in October 2019, they had argued.
On the other hand, the state’s counsel had submitted that a large number of fish died due to negligence on the petitioners’ part.
Considering the long-term detrimental effect of the same and its impact on the flora and fauna of the river, the trial court had committed no error in summoning the petitioners, the state had submitted.
The court said the summoning orders in the proceedings do not suffer from any perversity since the trial court was satisfied regarding existence of a prima facie case against accused persons.
It also added that even though two complaints were filed for the same incident, the present case pertained to the first complaint. Therefore, if at all, an argument of “double jeopardy” for the same offence, was to be raised and considered, it can be done in the case of subsequent complaint.
“Moreover, PPCB is a statutory body, discharging quasi-judicial functions. Therefore, any subsequent regularisation by imposing penalty, granting of consent to operate or de-sealing would not in any manner erase the criminal liability for the offence which led to initiation of said proceedings. As such, the imposition of fine by the PPCB cannot be construed as an embargo on initiation of criminal prosecution against the accused,” the bench said, while dismissing the plea.
