Society responsible to future generations: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, December 16

Society has a responsibility towards future generations to pass on a liveable environment. Leniency cannot be shown in illegal mining matters having an irreparable adverse effect on the environment, the Punjab and Haryana High Court has asserted, while dismissing an anticipatory bail plea filed by an accused.

Justice Gurvinder Singh Gill also made it clear that depletion of environmental resources was a major challenge in the current times. “If it goes unchecked, it can create havoc…. No special case for grant of anticipatory bail is made out. The petition is sans merit and is hereby dismissed,” Justice Gill added.

The ruling came on second petition filed on the petitioner’s behalf for bail in an FIR registered on November 10 at the Bullowal police station in Hoshiarpur district for theft, criminal intimidation and other offences under Sections 379 and 506 of the Indian Penal Code and the provisions of the Mines and Mineral (Development and Regulation) Act.

Justice Gill also directed the Senior Superintendent of Police concerned to ensure that all “instructing officials” furnished accurate information while appearing before the court. The assertion came after the Bench took note of the fact that incorrect information was furnished regarding the involvement of the accused in another case during the hearing of an anticipatory bail plea filed previously.

Justice Gill observed that the earlier petition was dismissed on merits on November 30. The state counsel had submitted that the petitioner happened to be involved in one more case, when the previous petition was taken up for final hearing.

As the second plea came up for hearing, the state counsel informed the Bench that incorrect information had been furnished following miscommunication. As a matter of fact, the petitioner was not involved in any other case.

Dismissing the plea, Justice Gill asserted the merits of the plea were discussed in the previous order dated November 30. The Bench, at the same time, added the trial court would make an endeavour to dispose of regular bail plea preferably within a week in case the petitioner surrendered within10 days and applied for the same.

Dismissing the earlier plea, Justice Gill had noted that mining officials during routine patrolling came across some persons loading sand in a tractor-trailer, but fled upon seeing them. Another tractor-trailer was also seen parked nearby with some sand loaded.

Taking into consideration that both the tractors-trailers found at the spot were owned by the petitioner and another person individually, Justice Gill had added the same would point towards their involvements.

“The matter in hand is certainly such where custodial interrogation would be required. The instant petition is sans merit and is hereby dismissed”, said Justice Gill.