‘Go after the kingpin to curb illegal mining in Chambal’

NEw new delhi The sublime margaret court on midweek said that attaching the properties of persons mired in illegal sand mining in the National Chambal Sanctuary is the best way to nab the “kingpin” as the top court reserved orders on issuing further directions to the states of Rajasthan and Madhya Pradesh for taking urgent steps to curb such illegal trade.Hearing a suo motu case arising from newspaper reports that depicted large-scale mining under the nose of the forest administration and police, a bench of justices Vikram Nath and Sandeep Mehta said, “If you are able to attach their property, that will be the best way to get to the source.”The court was responding to a submission made by Rajasthan’s senior bureaucrats who were summoned by the court over repeated inaction to carry out the court’s orders. The state filed a detailed response on the action taken with the officials indicating that in some cases where the actual perpetrator has been booked, the state has invoked section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) which allows police to attach properties acquired by a person out of criminal proceeds of a crime.While Rajasthan claimed to have registered 625 FIRs and arrested over 600 persons, the bench noted that most were either drivers or labourers who were used by the “kingpin”. “Our main concern is you must catch the source,” the bench remarked as it posted the matter for May 26 for passing further directions.In 1978, the area along the Chambal river covering areas spanning across the three states of MP, Rajasthan and Uttar Pradesh was designated as a wildlife sanctuary. The Chambal river is home to the largest population of gharials among other aquatic animals. While UP and MP have notified eco-sensitive zones (ESZ) around the sanctuary, Rajasthan has neither notified ESZ nor has it declared the sanctuary area under “forest” leaving it open for mining to go on rampantly.The court also asked why unregistered vehicles are allowed to operate freely in the mining-prone districts of Dholpur (Rajasthan) and Morena (Madhya Pradesh). The court was assisted by senior advocate Nikhil Goel and advocate Rupali Samuel as amicus curiae who pointed out that Rajasthan was releasing several seized vehicles on payment of fines.The bench said, “If there is any fake registration plate or no registration, seize the vehicle and do not release it as there is a strong presumption of the vehicle being used for illegal mining of sand.”In this regard, the court asked the two states about the steps taken to implement the court’s earlier orders requiring installation of GPS systems in every transport vehicle, tractor that are generally used by the mining mafia. One such order specifically required the states of Rajasthan and MP to install CCTVs at the vulnerable spots and stretches in and around the sanctuary and vehicle location tracking device (VLTS).The Rajasthan government said that the process of installation of GPS systems in tractors, dumpers, excavators and other vehicles used in illegal mining activities had already commenced. The Mining department in the state said that GPS installation work in five districts would be completed by July 31 this year.The state informed that approximately ₹65.47 crores has been sanctioned for strengthening technological surveillance systems in the Chambal sanctuary with 40 vulnerable spots already identified. However, the deployment of forest guards was found lagging as the state requested for a year to recruit an adequate number of officials.The court asked additional solicitor general (ASG) Aishwarya Bhati and Rajasthan additional advocate general (AAG) Shiv Mangal Sharma to ensure the state selection board (SSB) is requested to fill up these posts on priority basis.For Madhya Pradesh, ASG SV Raju doubted the efficacy of fitting GPS devices to vehicles as a measure to curb illegal mining. The court said, “Certainly the perpetrators are miles ahead of the enforcement agencies. But you have to devise ways.”In its order last week summoning officials the court had remarked, “Such persistent inaction, despite the grave concerns recorded and directions issued by this court, demonstrates a disturbing lack of seriousness and intent on the part of the state machinery in addressing matters directly involving environmental governance, public safety, and the rule of law itself.”Following the court order, Additional Chief Secretary (Home) along with Principal Secretaries of four departments – Mining and Geology; Finance, Forest, Environment and Climate Change, and Transport & Road Safety were personally present in court along with other top ranking forest officials. In addition, Madhya Pradesh’s Principal Secretary Transport and Road Safety Department was also present in court.The court had earlier obtained a report from the expert body - central empowered committee (CEC) which gave its recommendations to the court. The court in April had directed the 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 and Dholpur. Other directions included setting up specialised patrolling teams equipped with modern arms, communication gadgets and protective gear.