On Wednesday, 6th September 2023, the Punjab and Haryana High Court slammed Punjab Police when it stated that police officers appeared to have colluded with individuals involved in illicit mining activities in the Ropar region. The court further noted that the authorities were selectively targeting only economically disadvantaged individuals in their legal actions.
The Bench also criticised the police for the “sorry state of affairs” as they seemed to be making efforts to protect the actual culprits “at whose instance the illegal mining were being carried out.” Justice NS Shekhawat of the High Court further ordered the Ropar Senior Superintendent of Police to submit a comprehensive report explaining why those involved in illegal mining activities had not been named as accused in the case. Additionally, the SHO in question was instructed to appear before the court in person.
These instructions were issued in response to a petition filed by Aajamdeen against the state of Punjab, seeking pre-arrest bail in connection with an FIR filed on 27th July 2023 under the provisions of the Mines and Minerals (Regulation of Development) Act at the Nangal police station in Ropar district.
During the hearing before the Bench, Aajamdeen’s lawyer argued that the petitioner had no connection with the alleged incident and was identified as the driver of a vehicle allegedly used in the commission of the crime. The counsel further contended that the petitioner was not present at the scene and had been wrongly implicated in the case. Additionally, he cited a court order from a different case in which interim anticipatory bail had been granted to another individual.
The Bench issued a notice of motion to the state and instructed the petitioner to cooperate with the investigation. It clarified that he would be granted interim bail if arrested. Examining the case record, the Bench emphasised that only individuals of poor economic backgrounds, such as the JCB driver and a tipper operator, had been named as accused.
The court said, “It is a sorry state of affairs that the police are trying their best to shield the real culprits, at whose instance the illegal mining operations were being carried out. On advance notice, an ASI present in the court has informed that to date the police have not been able to ascertain as to at whose instance the illegal mining operations were being carried out.” The next hearing of this matter is scheduled for the second week of September 2023.
