New Delhi The Supreme Court on Wednesday said that attaching properties of people involved in illegal sand mining in Chambal National Park is the best way to catch the ‘boss’ as the Supreme Court reserved orders on further directing the states of Rajasthan and Madhya Pradesh to take urgent steps to curb this illegal trade.
Hearing a suo motu case arising out of newspaper reports depicting large-scale mining under the noses of the forest department and police, 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 an application filed by senior bureaucrats in Rajasthan who were summoned by the court over repeated failure to implement court orders. The state has given a detailed response to the action taken with the officials, pointing out that in some cases where the actual perpetrator of the crime has been booked, the state has invoked Section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) Act which allows the police to attach property acquired by a person from the criminal proceeds of crime.
While Rajasthan claimed to have registered 625 FIRs and arrested over 600 people, the bench noted that most of them were either drivers or laborers employed by the “crime kingpin”. “Our main concern is that you should arrest the source,” the office commented when it published the order on May 26 to pass further guidance.
In 1978, the area along the Chambal River, covering areas stretching 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 gharial among other aquatic animals. While UP and MP have notified the Ecologically Sensitive Zones (ESZ) around the sanctuary, Rajasthan has neither notified the ESZ nor declared the sanctuary area under ‘forest’ making it open for continued large-scale mining.
The court also questioned why unregistered vehicles were allowed to operate freely in mining-prone areas 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 impounded vehicles on payment of fines.
“If there is any fake registration plate or there is no registration, impound the vehicle and do not release it as there is a strong assumption that the vehicle is being used for illegal sand mining,” the bench said.
In this regard, the court asked the two states about the steps taken to implement the previous court orders requiring the installation of GPS systems in every transport vehicle and tractor commonly used by the mining mafia. One such order specifically asked the states of Rajasthan and MP to install surveillance cameras at vulnerable spots extending in and around the Vehicle Location and Sanctuary Tracking (VLTS) device.
The process of installing global positioning systems (GPS) in tractors, dumper trucks, excavators and other vehicles used in illegal mining activities has already begun, the Rajasthan government said. The state mining department said GPS installation work in five areas will be completed by July 31 this year.
The state reported that approx $Rs 65.47 crore has been sanctioned to enhance technological surveillance systems in the Chambal sanctuary with 40 vulnerabilities already identified. However, the deployment of forest guards was found to be delayed as the state had requested appointment of adequate number of officials for a period of one year.
The court asked Additional Solicitor General (ASG) Aishwarya Bhatti and Additional Solicitor General of Rajasthan (AAG) Shiv Mangal Sharma to ensure that the State Selection Board (SSB) is asked to fill these posts on priority basis.
For Madhya Pradesh, ASG SV Raju questioned the effectiveness of installing GPS devices in vehicles as a measure to curb illegal mining. “The perpetrators are certainly miles ahead of the law enforcement agencies. But you have to devise ways,” the court said.
In its order summoning the officials last week, the court noted that “such continued inaction, despite the serious concerns on record and directions issued by this Court, demonstrates a worrying lack of seriousness and intent on the part of state agencies in addressing matters directly related to environmental governance, public safety and the rule of law itself.”
Following the court order, Additional Chief Secretary (Home) was appointed along with Principal Secretaries of four departments – Mining and Geology; Finance, Forest, Environment, Climate Change, Transport and Road Safety were personally present in court along with other senior forest officials. In addition, Principal Secretary, Madhya Pradesh Road Transport and Safety Department was also present in the court.
The court had earlier obtained a report from the expert body – the Central Empowered Committee (CEC) which submitted its recommendations to the court. The court had in April ordered the installation of high-resolution, Wi-Fi-enabled surveillance cameras at strategic locations in the sanctuary along roads frequented by mining mafia and vulnerable stretches of the Chambal River.
As a pilot project, it also directed installation of Global Positioning System (GPS) tracking in all vehicles and equipment involved in mining in the important areas of Morena and Dholpur. Other directions included the formation of specialized patrol teams equipped with modern weapons, communications devices, and protective equipment.
