The Bombay High Court at Goa has found that Director General of Police (DGP) and Chief Secretary have failed to comply with its orders on cracking down on illegal sand mining and have asked the two officers to explain what action they propose to take against erring officials who despite being tasked with illegal sand mining were allowing it to continue.
DGP directed to file affadavit with details of police personnel
“We direct the Director General of Police to file an affidavit before us explaining not only the steps that are taken but also the steps that would be taken to crack down on illicit sand mining as requested by the DMG. Further, the DGP must explain the action, if any, that is taken or proposed to be taken against the police personnel responsible for preventing illegal sand extraction. The affidavit should give us details about the police personnel posted at various sites charged with the responsibility of preventing illegal sand extraction and its transportation. Furthermore, the affidavit should state whether any explanation is called for or will be called for from this police personnel about why, despite the alleged 24 x 7 police vigil, sand mining is on the rise,” the High Court bench of Justices M S Sonak and Valmiki Sa Menezes, said.
Illegal sand mining in at least eight locations
Earlier, reports placed before the High Court indicated that illegal sand mining was ongoing in at least eight locations in the State including two that had 24x7 police patrolling and CCTV cameras installed to prevent illegal sand mining.
“Despite all these measures allegedly adopted, illegal sand mining continues unabated. Whenever such a report appears, the police authorities deny that such incidents have occurred. When the facts are undeniable, resort to lodging ex-post facto FIRs that are seldom seriously investigated. We are not sure whether these FIRs are seriously pursued. In the meanwhile, illegal sand mining continues,” the High Court observed.
“We understand that this illegal activity is now undertaken on an organised scale in Goa. This activity involves, inter alia, several canoes and several labourers and the transportation of the sand through several trucks. In addition, there are jetties for loading and unloading such unlawfully extracted sand. Yet, the police authorities would like the Court to believe that they are not fully aware of such activities or that this is the best they can do to contain the rampant and illegal sand mining,” the High Court also said.
DGP and CS did not try to stop illegal activities
The HC noted how several canoes are seen undertaking such activity. A clearing is unlawfully made along the river banks so that several trucks can be loaded with the unlawfully extracted sand without any permission from any Authorities.
“This attitude of the Police and other authorities creates an impression in the people's minds that those involved in this illegal sand mining are above the law or have some patronage. Even after repeated violations, the DGP or the CS do not even think it necessary to find out details of the personnel assigned to stop illegal sand mining (if at all) and call for an explanation from them why they have so miserably failed. The possibility of large-scale corruption does not even cross their mind,” the High Court said.
High court sought replies before 17th April
“At least, prima facie, we are satisfied that the DGP and the CS have failed to comply with their statement to the Court about preventing illegal sand mining. Therefore, either these high-ranking functionaries are genuinely powerless to act (given the powers of the mafia) or disinterested to act,” the High Court said.
The High Court has sought replies before April 17 when the matter will be taken up next.
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