The Meghalaya High Court has expressed dissatisfaction with the state government’s response to the February 5 illegal mine explosion in East Jaintia Hills that killed 33 people, stating that measures taken so far are “not sufficient to effectively address the situation”, and ordered an expansion of the terms of reference of the committee probing the matter.
A bench of Justices HS Thangkhieu and W Dingdoh on Tuesday observed that the interim relief from $2.4 lakh were disbursed to the relatives of eight of the dead. She added that no details were provided regarding compensation to the families of 15 people from Nepal and 13 people from Assam who also died in the explosion.
The court referred to the Nepalese nationality of the 13 dead and said it did not understand how that could hinder compensation. “Steps in this regard may be taken immediately through the Nepalese embassy… to identify and identify their legal heirs to whom compensation can be disbursed after due verification,” the bench said while hearing a public interest litigation related to the blast.
Solicitor General Amit Kumar pointed out that there were difficulties in identifying and securing relatives, but the court was not convinced. It directed the state to take immediate steps to release compensation to the heirs of the deceased from the state of Assam and Nepal, stressing that it was “absolutely necessary” to demonstrate credibility and ensure the rule of law.
The Commission considered the jurisdiction of the Judicial Investigative Committee formed to investigate the incident. He noted that the terms appeared to be comprehensive but lacked clear provisions to determine accountability and responsibility of responsible persons or authorities.
The court said, “…there is no mention of the accountability and responsibility of these persons, or the authority upon which liability can be determined to enable action to be taken against them in accordance with the law.”
It was directed to expand the committee’s powers to investigate the relationship between suppliers and buyers of illicit coal. The court said that no illegal extraction would occur if it was not fueled by demand, making this dangerous activity highly profitable.
Regarding the special investigation team probing the blast, the court noted Kumar’s assertion that a senior official would head the team. The court said the investigation must be “decisive and effective” to deter illegal mining in the future.
The court reviewed the status report on actions taken against illegal mining, including arrests and confiscations of coal, explosives and equipment. She stressed the need to take the necessary measures against officials, mining authorities and police personnel under whose supervision the accident occurred.
The court decided to postpone the case to the next hearing on March 5. It ordered East Jaintia Hills Superintendent of Police, Pankaj Kumar Rasgania, and his predecessor, Vikash Kumar Yadav, to remain present in the upcoming hearing.
