Guwahati: The Gauhati High Court has directed the Principal Secretary of the Home and Political Department and the Director General of Police (DGP) of Assam to appear in person before the court on February 14, 2025, for their failure to file an affidavit as previously ordered.
The case pertains to a Public Interest Litigation (PIL) addressing illegal coal mining activities and the diversion of forest land for the Tikok open cast mining project in Assam’s Tinsukia district.
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While hearing the case on Thursday (February 6, 2025), Justices Kalyan Rai Surana and Malasri Nandi expressed their displeasure at the repeated delays in receiving the affidavit, despite multiple listings of the case since the initial order on April 27, 2023.
The PIL, filed in 2020, raises serious concerns about the environmental impact of illegal coal mining in the area, including the diversion of 98.59 hectares of forest land in the Saleki Proposed Reserve Forest and the need to declare several forest reserves in Tinsukia district as wildlife sanctuaries.
The petitioners have also sought a CBI or CVC inquiry into alleged illegal activities by forest department and Coal India Limited officials.
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The High Court’s order mentioned the gravity of the situation, noting that the PIL also deals with the issue of illegal coal mining by Coal India Ltd. and other entities, a matter initially brought to the court’s attention in March 2023.
The court had previously directed the Central and State governments to ensure that mining activities comply with existing regulations.
“…this 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 and therefore, direction was issued to the concerned official of the Central Government in collaboration with the responsible officials of the State Government to ensure that the mining activities shall not be allowed unless conditions mentioned in the letter quoted in the order dated 30.03.2023 are satisfied,” the order read.
The court also mentioned that the affidavit from the Assam Home Department and the DGP is considered crucial to understanding the steps taken to curb these illegal operations.
The court acknowledged that it generally avoids summoning high-ranking government officials. However, the persistent non-compliance with its orders left the court with no other option.
It stated that initiating contempt proceedings against the officials would be the next step, a measure with “far-reaching consequences.”
The court’s order explicitly states that the personal appearance of the Principal Secretary and the DGP will not be required if the requested affidavit, detailing the steps taken to halt illegal mining activities, is filed by February 13, 2025.
The court has directed the Additional Senior Government Advocate to ensure that the order is communicated to the two officials, serving as a formal notice for their appearance. The case is scheduled to be heard again on February 14, 2025.