The High Court of Meghalaya has expressed dissatisfaction over the compensation measures and post-investigation steps taken by the state government in connection with the dynamite blast at Mynsngat-Thangsko that claimed 34 lives and left five workers grievously injured.
Hearing a status report filed by the government and other respondents, a Division Bench comprising Justices Hamarsan Singh Thangkhiew and Wanlura Diengdoh, in its February 24 order, observed that the measures taken so far are insufficient to effectively address the gravity of the incident.
The Bench stressed that the state must demonstrate credibility and instil public confidence by ensuring that such a large-scale incident is handled in a manner that upholds the rule of law.
On interim compensation, the court noted that relief had been granted only to the next of kin of eight deceased persons. However, no information was provided regarding compensation for 15 deceased persons from Nepal and 13 from Assam.
Advocate General Amit Kumar informed the court that authorities were facing difficulties in identifying and locating the legal heirs of the deceased for disbursal of compensation.
The Bench, however, rejected this as a valid impediment, stating that immediate steps could be taken through the Nepalese Embassy to identify and verify the legal heirs of the deceased from Nepal. It further directed that similar urgent steps be taken to release compensation to the heirs of the victims from Assam.
Regarding the constitution of the Judicial Enquiry Commission, the court observed that while the terms of reference appeared comprehensive in seeking a fact-finding report, they failed to mention accountability and liability of individuals or authorities responsible, which is essential to initiate action in accordance with the law.
The court also highlighted the need to investigate the nexus between supply and demand of illegal coal, calling it a crucial factor that makes the “dangerous activity” profitable. It observed that significant investment is required for mining and extraction, even under the current illegal practices, and directed the state to include this aspect in the terms of reference.
The Bench also examined the constitution of a Special Investigation Team (SIT), whose mandate includes conducting a comprehensive, time-bound probe into the Thangsko mining accident, including violations of High Court and National Green Tribunal orders on illegal mining.
Expressing concern that the SIT was headed only by a Deputy Inspector General, the court was assured by the Advocate General that a more senior official would be appointed to lead the team.
The court emphasized that the investigation must be incisive and effective to deter future illegal mining activities.
While the status report detailed FIRs registered, arrests made, and seizure of illegal coal, explosives, and equipment, along with action against erring officers, the court maintained that sustained efforts are necessary. It stressed that action must also be taken against district officials, Directorate of Mining personnel, and police officers under whose watch the incident occurred.
The court further directed examination of the transportation network of illegally mined coal and the role of transport officials, police personnel, and non-state actors such as NGOs that may form part of the chain facilitating illegal mining.
The matter has been posted for further hearing on March 5. The court directed Pankaj Rasgania, Superintendent of Police, East Jaintia Hills district, and Vikash Kumar, former Superintendent of Police of the district, to remain present on the next date of hearing.
Earlier, the state had submitted a detailed status report outlining relief measures for victims’ families and steps taken in the ongoing investigation and enquiry.
