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HC asks govt to remove EJH SP on coal issue

Shillong, Dec 19: The High Court of Meghalaya has asked the state government to transfer the East Jaintia Hills SP as he was not able to control illegal mining and transportation of coal in the district, according to the court.

While hearing the pending PIL on Tuesday, the court also cautioned the district deputy commissioner.

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The court is of the view that though the Advocate General has sought time to file a detailed reply to the 19th interim
report of Justice(retired) BP Katakey, some directions are necessary to be issued at this stage to stem the illegal activities that are continuing unabated.

“It is also to be noted that by the previous orders of the court, the district authorities and the other authorities concerned, are liable for contempt which if needed will be issued from this court”, the order said.

At this stage, however, while allowing the state to file a reply to the 19th interim report and presently not initiating contempt proceedings,
the Deputy Commissioner and the Superintendent of Police who are on the
ground level in the district are expected to ensure that the rule of law is maintained and the directions of the court are honoured, the division bench said.

“The Superintendent of Police as has been informed has been posted in East
Jaintia Hills since 2021, and as such should have been alive and well acquainted with what is going on in the district. The 19th interim report reflects that the Superintendent of Police is perhaps un-effective in stemming the illegal activities. On the failure of the Superintendent of Police as can be made out from the 19th interim report, it is therefore
directed that he should be immediately transferred from the present post
and another competent officer be placed in-charge of the district immediately”, the court ordered.

The court asked the Home Department and the Director General of Police to
take immediate action in this regard.
“As regards the Deputy Commissioner he is cautioned and expected that he takes all steps to ensure that the orders of this court are
honoured and that order is maintained”, the court said.

“Let a further ad hoc amount of Rs 3 lakh be paid to Justice Katakey, in addition to the secretarial allowances and expenses actually
incurred”, the court added.

The matter will come up for hearing on February 9.

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