HT Bureau
SHILLONG, Oct 20: The Meghalaya High Court has directed the Assam government to file an affidavit on the preliminary inquiry into the allegation that illegally mined coal in Meghalaya is being smuggled out of the state by obtaining forged and fabricated papers in Assam.
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The order was passed based on the allegation of the petitioners – Champer M Sangma and Maikel T Sangma – that the illegally mined coal in Meghalaya is smuggled out to Assam and re-routed to the state, sometimes for ultimate export to Bangladesh, by obtaining forged and fabricated papers in Assam.
Both the petitioners had filed PILs seeking the court’s intervention into the matter.
“The State of Assam is requested to file an affidavit after conducting a preliminary inquiry as to whether there may be any basis to the petitioners’ allegations as recorded above. Let the matter appear three weeks hence to await the affidavit or report from the State of Assam. List on November 14, 2022,” the Division Bench said in its order.
The order said that it was submitted on behalf of the state that a magisterial inquiry was conducted into the facts pertaining to the second matter, whereupon it was discovered that proper documents evidencing payment of GST on the coal had been produced.
It said the state submitted that upon GST payment receipt being presented, the state has no obligation to inquire any further as to the legitimacy of the transportation.
“In particular, the State of Assam should render assistance as to the sanctity of a GST payment receipt being produced,” the order stated.
The petitioners, however, insist that there is veritable coal laundering by the private respondent No 14 in the first matter with the active connivance of persons in the state.
“Though no credible evidence has thus far surfaced, the petitioners allege that the 14th respondent in the first matter provides the services of coal laundering in the sense of furnishing fabricated documents in support of the material as the illegally mined coal in this State is returned to the State with such documents,” it said.
The bench said it is because of the nature of the allegations and the possible commission of the act in the state of Assam that special notice has been issued to the state of Assam.
