Assam: Gauhati HC orders appearance of Principal Secretary, DGP in coal mining case

Staff Reporter

Guwahati: The Gauhati High Court today issued an order for the personal appearance of the Principal Secretary in the state Home and Political Department and the Director General of Police, Assam, for failing to file affidavits on time. However, the personal appearance of the officials would not be required if an affidavit is filed a day before the next date of hearing.

The order was issued by the division bench of Justice Kalyan Rai Surana and Justice Malasri Nandi in a public interest litigation case (no. PIL/29/2020) with several linked PILs regarding illegal coal mining. Amongst others, the issues raised in the PIL relate to the assailing of the proposal of diversion of 98.59 hectares of forest land in Saleki PRF (proposed reserved forest) for the Tikok Open Cast Project and for setting aside the approval granted to Coal India Ltd. Other issues raised are to declare the Dehing Patkai Elephant Forest Reserve and the corridors and other eco-sensitive areas around the said sanctuary as ecologically fragile regions and also to declare Jeypore Forest Reserve, Tirap PRF, DalaiPRF, and, Makumpani PRF under Dibrugarh and Digboi Forest Division as Wildlife Sanctuary and for high-level inquiry by the CBI or by the CVC to fasten criminal and civil liability on the erring official of the forest department and Coal India Ltd.

The court took notice that on April 27, 2023, the counsel appearing for the Principal Secretary to the state Home and Political Department and the Director General of Police, Assam, were granted time to file a counter affidavit. Despite the matter being listed thereafter on October 29, 2024, and November 20, 2024, the affidavit by the said authorities has not been filed, it was noted.

The Court also took note of the order dated March 30, 2023, passed by this Court, whereby illegal coal mining operations by Coal India Ltd. were brought to the notice of the Court, and the statements made by the DSGI (Deputy Solicitor General of India) were also recorded to the effect that Coal India Ltd. had stopped its mining activities in the reserve forest area, and the mining activities are now being carried on by some other entities.

Taking note of the statement, the Court had observed that undisputedly it is the obligation of the Ministry of Environment and Forest and Climate Change in collaboration with the state government to ensure that the illegal mining activities are not carried out within the state of Assam.

In this context, an affidavit by the state Home Department as well as by the DGP, Assam, was deemed to be essential. The Court also noted that about 22 months on, no affidavit was filed by the said two authorities. Therefore, the Court had no other option but to ensure compliance with the Court's orders to file an affidavit.

Therefore, the Court issued an order that the Principal Secretary to the Govt. of Assam, Home and Political Department (or Head of the Department), and the Director General of Police, Assam, shall personally appear before the Court at 10.30 AM on the next date of hearing on February 14, 2025, along with all the relevant records of the concerned police station within the area of which such illegal coal mining operations are being alleged. Also, that the personal appearance would not be required if an affidavit, as directed earlier, is filed a day earlier, on February 13, 2025.

Moreover, the order stated that the affidavit should indicate the steps taken for closure of all illegal mining activities within the area covered by this PIL and also referred to hereinbefore in this order.

The Court observed that, ordinarily, government officials holding top positions ought not to be called before the Court. However, the only alternative would be to initiate contempt proceedings against the erring officials.

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