‘Utter failure’: Supreme Court raps Rajasthan over sand mining mafia in Gharial Sanctuary

THe sublime margaret court on mon observed that steps to forbid illegal george sand mining in the riverine Gharial Sanctuary in Chambal are merely on paper, with Rajasthan proving to be an “utter failure” in combating the mining mafia.Taking up a suo motu proceeding following news reports of large scale illegal sand mining in the Chambal sanctuary spread across districts in Rajasthan, Madhya Pradesh and Uttar Pradesh, the top court noticed severe gaps in the present enforcement action proposed by the three states. Following its last order of April 17, when it sought action taken reports from the three states, the court also received suggestions from the expert body of the Central Empowered Committee (CEC) along with amicus curiae in the case and posted the matter for Thursday to pass additional directions.The bench of justices Vikram Nath and Sandeep Mehta said, “We find that everything is only on paper. The states have enough resources but they are hardly being used.”Senior advocate Nikhil Goel along with advocate Rupali Samuel assisting the court as amicus curiae pointed out a “very dismal state of affairs”. Goel said, “Rajasthan has no mining plan after 2020 and the state has no eco-sensitive zone (ESZ) notified around the sanctuary till now. What is most startling is the fact that tractors used in transporting illegally mined sand have no registration plates and there are home guards deployed.”The bench said, “There is utter failure in the state of Rajasthan. How can tractors run without registration? And what are home guards to do against armed organised mafia? Having a special task force would be the best answer.”The amicus pointed out that newspaper reports have indicated death of forest guards by sand mining mafia yet the number of FIRs registered over the past five years are very few. “I find it impossible to believe that they cannot find anyone who is responsible for sand mining. Those arrested in the past five years are drivers of vehicles and labourers,” he said.He requested the court to ensure that subsequent directions by the court should incorporate data from the states on the effort to nab the actual wrongdoers involved in illegal sand mining over the past five years.The CEC, which filed a separate report, referred to a legal gap detrimental to the cause of tackling illegal mining within the sanctuary. It showed that the personnel deployed to guard the sanctuary in MP and Rajasthan lack adequate legal protection. The expert body said that unlike in other states where Magistrate’s permission is required to lodge criminal cases against forest guards, in MP and Rajasthan, lack of such a legal cover deters forest staff from using lawful force against mining mafia to escape retaliatory criminal action and arrest.It even flagged the lack of manpower. “To protect 1,695 sq. Km, the sanctuary requires approximately 339 Forest Guards. Currently, Uttar Pradesh (UP) has only 15 guards for 635 sq. Km, and MP has 50 for 435 sq. Km…” the CEC said.The court in its April 17 order had said, “The material placed before us discloses a disturbing pattern of inaction and administrative indifference,” as the court proposed installation of high-resolution, Wi-Fi-enabled CCTVs across strategic locations in the sanctuary along routes frequented by the mining mafia and vulnerable stretches of the Chambal river. As a pilot project, it also directed GPS tracking to be installed in all vehicles and equipment involved in mining in the two critical districts of Morena (Madhya Pradesh) and Dholpur (Rajasthan).The directions further required the three state governments to set up specialised patrolling teams on a continuous and round-the-clock basis, equipped with modern arms, communication gadgets and protective gear, particularly in vulnerable and high-risk areas, to face the might of the illegal miners having sophisticated weapons.“We feel that under such grave circumstances, the state governments would be well advised to invoke the provisions relating to preventive detention, seizure and confiscation of immovable properties and machinery, and to undertake effective and stringent prosecutions, so as to bring the offenders to book and ensure protection of the environment,” the court had held.The court further warned that if states fail to take remedial measures, it will have to invoke its extraordinary jurisdiction for the deployment of paramilitary forces or the Central Reserved Police Force, impose heavy penalty on states, and direct a complete ban on sand mining in the states of Madhya Pradesh and Rajasthan.In 1978, the area along the Chambal river covering areas spanning across the three states was designated as a wildlife sanctuary. The Chambal river is home to the largest population of gharials among other aquatic animals.The CEC in its report submitted to the court said that while UP and MP have notified eco-sensitive zones (ESZ) around the sanctuary falling within their area, Rajasthan has neither notified ESZ nor has it declared the sanctuary area under “forest” leaving it open for mining to go on rampantly. It was of the view that a robust inter-state coordination and communication mechanism based on real-time information sharing and coordinated response was the need of the hour.