GUWAHATI: The Gauhati High Court has directed the Principal Secretary to the Assam Government's Home and Political Department and the Director General of Police (DGP) to appear in person on February 14, over delays in filing an affidavit regarding illegal coal mining in the Dehing Patkai region. The officials may avoid personal appearance if they submit the required affidavit by February 13.
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The counsel for the petition comprised of advocates DK Das and H Betala.
The directive follows a 22-month delay in filing responses to a Public Interest Litigation (PIL 29/2020) that challenges the diversion of 98.59 hectares of forest land in Saleki Proposed Reserve Forest for the Tikok Open Cast Project by Coal India Ltd. The PIL also calls for declaring Dehing Patkai Elephant Reserve and nearby eco-sensitive areas as an 'ecologically fragile region’, upgrading Jeypore Forest Reserve, Tirap PRF, Dalai PRF, and Makumpani PRF into a wildlife sanctuary, along with a high-level probe by the CBI or CVC against erring officials from Coal India Ltd. and the forest department.
Despite repeated court reminders on October 29, 2024, and November 20, 2024, the order states that the Assam Home Department and the police have failed to file their affidavits. The court, citing its March 30, 2023, order, reiterated that it is the responsibility of the Ministry of Environment, Forest and Climate Change (MoEFCC) and the Assam Government to prevent illegal mining.
In previous hearings, the court was informed that Coal India Ltd. had ceased operations in the reserve forest and that other entities were now carrying out mining activities. However, the failure of the state authorities to provide details has led the court to consider initiating contempt proceedings against non-cooperative officials.
The court has warned that failure to comply with the affidavit directive may result in consequences for obstructing justice. The Assam government's Additional Senior Advocate, P. Sarmah, has been instructed to ensure the order is conveyed to the concerned officials immediately.
