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HC expresses dissatisfaction over Meghalaya govt’s response to illegal mine blast
The court referred to the Nepalese nationality of the 13 of those killed and said it did not understand how this should impede compensation
The Meghalaya high court has expressed dissatisfaction with the state government’s response to the February 5 illegal mine explosion in East Jaintia Hills that killed 33 people, observing that the measures taken so far are “not adequate to address the situation effectively,” and directed that the terms of reference of the commission probing the matter be expanded.
A bench of justices HS Thangkhiew and W Diengdoh on Tuesday noted that interim relief of ₹2.4 lakh had been disbursed to the kin of eight of the people killed. It said no details were provided regarding compensation to the families of 15 from Nepal and 13 from Assam who also died in the explosion.
The court referred to the Nepalese nationality of the 13 killed and said it did not understand how this should impede compensation. “Steps in this regard can be taken immediately through the Nepalese embassy...to intimate and identify their legal heirs to whom the compensation can be disbursed after due verification,” said the bench as it heard a public interest litigation related to the explosion.
Advocate general Amit Kumar cited difficulties in identifying and securing the kin, but the court was unconvinced. It directed the state to take immediate steps to release compensation to the heirs of the deceased from Assam and Nepal, stressing that it was “of absolute necessity” to demonstrate credibility and ensure that the rule of law prevails.
The bench examined the terms of reference of the Judicial Enquiry Commission constituted to probe the incident. It noted that the terms appeared exhaustive but lacked clear provisions for fixing accountability and liability on responsible persons or authorities.
“...there is...no mention as to the accountability and liability of such persons, or authority on whom responsibility can be fixed to enable action to be taken against them in accordance with law,” the court said.
It directed the expansion of the commission’s terms of reference to probe the nexus between suppliers and buyers of illicit coal. The court said no illegal extraction would occur if the same was not fuelled by demand, which makes this dangerous activity highly profitable.
On the Special Investigation Team (SIT) probing the blast, the court noted Kumar’s assurance that a more senior official would head it. The court said the investigation must be “incisive and effective” to deter future illegal mining.
The court reviewed the status report on action taken against illegal mining, including arrests and seizures of coal, explosives, and equipment. It stressed that action must be taken against officials, mining authorities, and police personnel under whose watch the incident occurred.
The court posted the matter for hearing next on March 5. It directed the East Jaintia Hills police superintendent, Pankaj Kumar Rasgania, and his predecessor, Vikash Kumar Yadav, to remain present at the next hearing.
