Illegal Mining: Punjab & Haryana High Court Criticises Police For Charging Only 'Poor Persons', Shielding 'Real Culprits'

The bench of Justice NS Shekhawat, while hearing the anticipatory bail plea of the tipper driver observed, "It seems that the police is hand in glove with the persons, who are carrying out this illegal mining operations in the said area."

It has directed the Senior Superintendent of Police, Rupnagar, to file a detailed report indicating reasons as to why the persons, who were carrying out the illegal mining operations, have not been arrayed as accused in the case. Court has also summoned the area SHO.

"From the perusal of record, it is apparent that in the present case, only poor persons vis., driver of JCB and driver of tipper have been arrayed as accused. It is sorry state of affairs that the police is trying its best to shield the real culprits, at whose instance the illegal mining operations were being carried out," the order states.

The Court remained unimpressed by Assistant Sub-Inspector who submitted that efforts are being made to nab the real culprits but till date, the police has not been able to ascertain their identities.

The petitioner has been booked under Sections 21(1) and 4(1) of the Mines and Minerals (Regulation of Development) Act, 1957. His counsel argued that he was not found at the spot and has been falsely incriminated.

While listing the matter on September 14, the Court granted him interim-anticipatory bail.

Amandeep Saini, Advocate for the petitioner.

Case Title: Aajamdeen v. State of Punjab

Case no.: CRM-M-44082-2023

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