Shillong, Feb 24: The High Court of Meghalaya has expressed unhappiness over the terms of reference of judicial inquiry commission, Special Investigation Team and the status report of the government on Mynsngat Thangsko mine tragedy.
The court observed that the matter was taken on Tuesday for passing further orders in connection with the incident at Mynsngat-Thangsko, wherein 34 workers lost their lives and 5 were grievously injured. The status report filed by the state respondents on February 19 in compliance to the order on February 9, has been examined by the court.
More terms of reference for Judicial panel
The division bench comprising Justices W Diengdoh and HS Thangkhiew said that in the terms of reference of the Judicial Inquiry Commission, there is no mention as to the accountability and liability of persons, or authority on whom responsibility can be fixed so that action can be taken against them in accordance with law.
Another crucial aspect that has not been considered is the necessity of investigation and enquiry into the nexus between the supply and demand of illegal coal, inasmuch as, no illegal extraction would occur if the same was not fueled by demand which makes this dangerous activity highly profitable.This point is of extreme relevance as considerable investment is required for mining and extracting coal even in the manner that is being practiced. As such, it is necessary that the State respondents include this in the Terms of Reference for due enquiry.
Compensation should be inclusive
As the state government has provided compensation to the families of eight victims, the court wanted identification of 15 families from Nepal through Nepal Embassy and 13 from Assam for disbursement of ex-gratia.
Deficiencies in status report
The court while examining the Status Report finds that the measures taken for compensation and other actions with regard to investigation and enquiry are not adequate to address the situation effectively. It is of absolute necessity for the state respondents at this stage, to show credibility and to instill confidence in the minds of the public, that an incident that has shaken the collective consciousness of the citizens, is dealt with in a deserving manner to demonstrate that the rule of law prevails.
Restructuring SIT
The Advocate General on the concern expressed as to the SIT being headed only by a Deputy Inspector General has assured the court that a more senior official shall be tasked to head the team.
“It is expected that the investigation and action taken thereon, is to be incisive and effective, which will discourage any future illegal mining activity”, he said.
This court, however is of the firm view that sustained efforts need to be continued to not only check illegal mining but also in the process, action be taken against persons, officials in the District, as well as officials of the Directorate of Mining and other officials under whose watch the Thangsko incident happened.
“Added to this, what is deemed necessary by this court is also the examination of the manner of the transport of illegally extracted coal and the role of transport officials, police, non-state players, such as NGOs, which is part of the whole chain in the facilitation of illegal mining operations”, the court said..
Another crucial aspect that has not been considered is the necessity of investigation and enquiry into the nexus between the supply and demand of illegal coal, inasmuch as, no illegal extraction would occur if the same was not fueled by demand which makes this dangerous activity highly profitable.
This point is of extreme relevance as considerable investment is required for mining and extracting coal even in the manner that is being practiced. As such, it is necessary that the State respondents include this in the Terms of Reference for due enquiry.
As the Advocate General has undertaken to apprise the court on further steps that will or have been taken, the matter will be heard on March 5. for further orders.
Pankaj Rasgania, Superintendent of Police, East Jaintia Hills and Vikash Kumar, the former Superintendent of Police, will have to be present for the hearing.
