SHILLONG, FEB 25: The Meghalaya High Court has directed the state government to probe the connection between suppliers and buyers of illicit coal as part of the Judicial Enquiry Commission’s terms of reference.
This follows a devastating mine explosion in Mynsngat-Thangsko, East Jaintia Hills district, which claimed 33 lives
In its order passed on Tuesday, the division bench comprising Justice HS Thangkhiew and Justice W Diengdoh has noted that while the terms of the commission appear exhaustive, they lack provisions for fixing accountability and liability on responsible persons or authorities.
“Insofar as the constitution of the Judicial Enquiry Commission, the Terms of Reference that have been listed, though appearing to be exhaustive, calling for the submission of a comprehensive fact finding report on the acts and or omissions of the persons and/or authorities concerned, there is however, no mention as to the accountability and liability of such persons, or authority on whom responsibility can be fixed to enable action to be taken against them in accordance with law,” the bench observed.
The court also directed the need to investigate the nexus between the supply and demand of illegal coal, stating that “no illegal extraction would occur if the same was not fueled by demand which makes this dangerous activity highly profitable.”
“We are of the view that it is necessary that the State respondents include this in the Terms of Reference for due enquiry,” the bench added.
Regarding the Special Investigation Team (SIT) constituted to probe the Thangsko mining accident, the court examined its terms of reference and expressed satisfaction with the assurance given by the Advocate General that a more senior official would head the team.
“The learned 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,” the bench noted, expecting the investigation to be “incisive and effective, which will discourage any future illegal mining activity.”
The court also reviewed the status report on actions taken against illegal mining, particularly in the wake of the Thangsko incident – and stressed the importance of continued efforts to curb illegal coal mining in the state.
The status report highlighted FIRs registered, arrests made, and seizures of illegal coal, explosives, and equipment.
However, the court felt that more needed to be done to address the issue.
“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 Police officials under whose watch the Thangsko incident happened,” the bench stated.
The court also emphasized the need to examine the transportation of illegally extracted coal and the roles of transport officials, police, and non-state players in facilitating illegal mining operations.
The Advocate General assured the court that further steps would be taken, and the matter has been posted for further orders on March 5, 2026.
Superintendent of Police, East Jaintia Hills District, Pankaj Rasgania, and former Superintendent of Police, East Jaintia Hills District, Mr. Vikash Kumar, have been directed to remain present at the next hearing.
