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The Meghalaya High Court has ordered the State of Assam to submit an affidavit after conducting a preliminary inquiry into whether there could be any basis in the allegations of the petitioners related to illegal mining in the state.
A division bench of the Supreme Court, Sanjib Banerjee and W. Diengdoh, heard two related public interest litigations (PILs) alleging that illegally mined coal from Meghalaya was exported – in both cases from Assam – back to the State. Sometimes the final export to Bangladesh, with fake documents forged in Assam.
Indeed, the State submitted that a judicial inquiry was conducted into the facts relating to the second issue, after it was found that the correct documents evidencing the payment of GST on coal had been produced. The State submitted that once the GST is introduced, the State is under no obligation to inquire further into the legality of the vehicle.
Petitioners, however, maintain that there is genuine coal movement by the private respondent in the first matter related to the dynamic relationship with the people of the State. Although no credible evidence has emerged so far, the prosecution alleges that the private petitioner in the first case laundered coal by producing false documents in support of such material as coal is illegal. that is dug out of this State and returned to the State with those documents.
Due to the nature of the allegations and the possible commission of the action in the State of Assam special notice has been given to the State of Assam. The State of Assam is represented by the Senior Counsel for the Government.
It was submitted on behalf of the State of Assam that some cases have been registered regarding illegal transportation of coal.
“The State of Assam is requested to file an affidavit after conducting a preliminary investigation as to whether there may be any basis in the allegations of the petitioners as recorded above. In particular, the State of Assam shall assist as the sacred receipt payment of GST to be issued,” ordered the Court.
The matter is listed for further hearing on November 14, 2022.
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