Police to issue show-cause notices to 4 IOs over probe in mining cases

Bhartesh Singh Thakur

Chandigarh, October 21

After strictures from the National Green Tribunal (NGT) over conviction in just one out of eight cases of illegal mining in Faridabad, Nuh and Gurugram in the last six years, the Haryana Police have decided to issue show-cause notices to four Investigating Officers (IOs).

The notices pertain to four cases in Nuh district. Of the rest of the three acquittals — two from Gurugram Commissionerate and one from Faridabad Commissionerate — the police have informed the tribunal the IO and public prosecutor were not a fault.

The NGT, in its April 28 order, had directed the DGP to examine the cases of acquittals pertaining to illegal mining and transportation of mined materials so that lapses in the investigation could be remedied and action be taken against erring IOs, as per directions by the Supreme Court.

The tribunal is hearing a matter related to illegal mining filed by the Aravalli Bachao Andolan. As per a police affidavit, dated April 27, 507 FIRs related to mining in Nuh, Faridabad and Gurugram were registered from January 1, 2017, to January 31, while challans were filed in 444 cases and 10 FIRs were cancelled. Just one case ended in conviction and seven in acquittals.

Through IGP (Law and Order) Sanjay Kumar, the police told the NGT that directions had been issued to all field units, vide a memo dated August 29, to register FIRs under Section 379 of IPC and/or Section 21 of the Mines & Minerals (Development & Regulation) Act on receipt of a complaint. “However, it is brought to the kind notice of this Hon’ble Tribunal that after registration of FIR, the accused/defaulter does not pay penalty/environmental compensation under MMDR (Mines & Minerals (Development & Regulation)) Act/Rules,” said the compliance report of the police, dated October 18.

The report added that FIRs had been registered in all 44 complaints in Nuh district, which were earlier sent back to the Mines and Geology Department, and investigations were being conducted.

The NGT had pointed out, “…neither the Police nor the Mining Department seems to have given any information to HSPCB and no proceedings for imposition of environmental compensation and no steps for reclamation/rehabilitation of illegally mined land appear to have been taken.”