Apex Court Stays Meghalaya HC’s Order Directing Deployment Of CISF In State To Check Illegal Mining Of Coal, Its Transportation

A bench of Chief Justice of India D.Y. Chandrachud and Justice P.S. Narasimha heard the matter.

Solicitor General Tushar Mehta appeared for the Union of India.

In the pertinent matter, the Meghalaya High Court took suo motu cognizance on an article published in The Shillong Times with the heading “Mask of rat-hole mining falls in state.”

In the article, the correspondent gave a detailed description of how he was taken to a particular village in the West Khasi Hills District bordering the South Garo Hills District along with a photograph highlighting “rathole mining”.

Therefore, while stressing on the matter to be looked into, the bench had directed, “An independent report should be filed by the Chief Secretary to the State and the Director General of Police when this matter appears a week hence, preferably, upon visiting the areas. It is made clear that the matter complained of needs to be looked into, without any political interference; or else, the Court may be constrained to appoint a fact-finding committee or even put a special investigation team in place or take the assistance of some agency so that the matter is appropriately and thoroughly investigated in accordance with law and the persons involved are brought to book”.

Pursuant to which the State submitted a blueprint for the deployment of the Central Reserve Police Force (CRPF) in the State to check the illegal mining of coal and its transportation where 100 companies in the eastern range and 60 companies in the western range where one company consists of 135 personnel was sought for.

However, on the request sought, a bench of Chief Justice Sanjib Banerjee, Justice H. S. Thangkhiew, and Justice W. Diengdoh through an order dated March 13, 2023, “it appears to be fair and reasonable to this Court to deploy 10 companies, not of CRPF but of Central Industrial Security Force. That is because, as the Central government duly points out, the CRPF functions under the command of the State police whereas CISF can function independently. On a query from the Court, it is submitted on behalf of the Central government that CISF would be able to handle the aspect of checking goods vehicles”.

Accordingly, considering the total area in the State and that some of the remote the bench directed 10 companies of CISF to be deployed which would also to check for contraband.

Subsequent to which, through an order dated March 20, 2023, the bench sought a response from the CISF as to how deployment on the ground can be ensured within four weeks.

However, in the matter CISF showed its unwillingness stating that the nature of the work does not fall within the usual activities undertaken by such police force.

Therefore, through an order dated April 12, 2023, the bench had observed, “…It needs to be recorded that the Court did not seek out the CISF in particular, but the Court had initially sought to explore the possibility of deploying the Central Reserve Police Force with the mandate to check the illegal transportation of coal in the State. It was at such stage that it was suggested on behalf of the Union since the CRPF works under the instructions of the local police and the real intention of this Court was for the local police not to be associated in the process since it had been ineffective in such regard, the CISF may be the appropriate force. In any event, no direction had been issued for deployment. The previous orders merely provided for the CISF to indicate its readiness”.

It further directed the Union Ministry of Home, through the Union Home Secretary “to ensure the deployment of 10 companies of the appropriate Central Armed Police Force to be commanded independently or jointly by the officers from the local police that may be selected by the Court, strictly for the purpose of keeping a vigil on the roads and arresting the illegal transportation of illegally mined coal in the State”.

Cause Title: Union of India v. State of Meghalaya