Bhopal (Madhya Pradesh): The Police Headquarters (PHQ) has issued directives to all police units working in the field to keep away from mining-related cases. The units have been told to take action only when the mining department specifically seeks assistance.
It was observed that police personnel often take independent action against alleged illegal mining by stopping and chasing tractor-trolleys and trucks loaded with sand and other minerals. During such actions, personnel are sometimes assaulted or face brutal attacks that prove fatal.
Officials stated that under the Mines and Minerals (Development and Regulation) Act, 1957, only an authority duly authorised by the Central or State government may take cognisance and file a complaint in court. In simple terms, only a designated police officer is entitled to take action in mining cases. Others are not authorised to even submit a case in court.
The shortcut
The police force is aware they lack the capacity to take direct action in legal or illegal mining cases. Consequently, they have adopted a shortcut where, upon stopping a vehicle, they file a case of mineral theft. To do this, they take a complaint from an individual against the transporter and seize the vehicle. Such actions are reportedly linked to seeking financial benefits.
Earlier directives
The then principal secretary of the mining department in May 2024 cited a 2019 decision regarding sand mining, transportation, storage and business. Detailed information was provided to all collectors and endorsed to the Director General of Police. It was clarified that only a district collector can set up temporary check posts for mining checks.
In cases of illegal mining, transportation and storage, only the collector, additional collector, deputy collector, SDM (revenue), tehsildar, naib tehsildar, CEO of the district Panchayat, CEO of the Janpad Panchayat, deputy director of mining, in-charge officer of the mining department, mining inspector and the flying squad are entitled to take action. In instances involving police, the force has been instructed to share information with the SDM for further action.
The directives strictly mentioned that officials such as patwaris and sub-inspectors, who are not designated for this work, often take action at night, which puts them at risk. They have been instructed to first secure proper police force and move only under the guidance of a designated officer.
Violation of rules
Special DG, CID, Pankaj Srivastava told Free Press that officials have been asked to follow the rules mentioned in the law. Those found violating the norms will be charged with indiscipline.
