Can army be roped in to track illegal mining along Pak border, HC asks Centre
The Punjab and Haryana High Court has asked the Centre if the army can be deployed to detect illegal mining along the Punjab-Pakistan border, seeking a response by September 18.
The Punjab and Haryana high court (HC) has asked the Centre if army can be deployed to ascertain illegal mining in the rivers along the border with Pakistan. The order was passed by the bench of chief justice Sheel Nagu and justice Anil Kshetarpal during resumed hearing of a public interest litigation (PIL) in which it is overseeing steps being taken by the Punjab government to check illegal mining in the state, especially along border areas.
“Learned counsel appearing on behalf of Union of India is directed to seek instructions and file an affidavit as to whether the army can be deputed to conduct aerial or land survey to find out whether illegal mining of sand is going on?” the bench of chief justice observed while seeking response by September 18.
The court took serious note of an application moved by a Punjab resident, who had appended a letter from additional director general of police (intelligence) to secretary, mining and biology, Punjab, written on February 22 regarding illegal mining in different locations of Punjab. The letter named 20 odd persons and entities from Tarn Taran, Pathankot, Gurdaspur, Jalandhar, Hoshiarpur, Patiala, Moga and Ferozepur, who were indulging in illegal mining in different rivers.
The applicant had told the court that contrary to the claims being made by the government, illegal mining was going on. He had cited the letter written by the Punjab Police to buttress his argument, which was handed over to the court.
In August 2022, the high court had restrained the state government from allowing mining along Ravi river in Pathankot and Gurdaspur, along the Pakistan border. The order was passed after the army and the Border Security Force (BSF), in their reports to the high court, had termed it threat to the national security. “It is posing a huge threat to the security of internal border. It starts before sunrise and goes on till late night. The presence of unverified labourers at these mining sites and related operation along the international border is perceived to be a security threat,” BSF had told the court.
It is immediately not clear as to how many sites mentioned in the Punjab Police list fall in the category with respect to which 2022 order was passed by the HC.
Meanwhile, in response to the order passed in November 2023, the Centre has told the court that to facilitate the respective state governments and to get requisite clearance from the ministry of defence, local ministry authorities have been designated as nodal points to accord such clearance.
The Central government counsel, Arun Gosain, produced an affidavit stating that required permission for mining activity in 20-km area from the border will be accorded by General Staff (operations) Branch, Headquarters Command (HQ), on receipt of request through local military authorities. The ministry can be approached against the decision of this authority if permission is denied or rejected, Gosain had told the court, adding that the ministry of environment has been informed about the decision earlier this month.
The information was given following an order passed by high court in November 2023 in which MoD was asked as to how the mining can be carried out legally in the border areas.