Invoke preventive detention against sand mafia, says Supreme Court

New Delhi: Supreme Court has expressed concern over powerful sand mafias operating in the country and said the states were virtually abdicating their constitutional responsibility to tackle the menace. The apex court said preventive detention could be invoked against the mafia.

A bench of Justices Vikram Nath and Sandeep Mehta on Friday passed a slew of directions to MP, UP and Rajasthan, including installation of high-resolution, wi-fi enabled CCTV cameras on all routes frequently used for illegal sand mining and monitoring of footage round the-clock, besides confiscation of vehicles and pointing to the reluctance of states to act against sand mafia, the court said it would be forced to deploy paramilitary forces in those areas and would also impose a complete ban on sand mining in these states.

“It is indeed a matter of grave and serious concern that state authorities, who are entrusted with the solemn duty of enforcing the rule of law and protecting public resources, appear to have abdicated, if not altogether abandoned, their statutory and constitutional responsibilities. The circumstances, taken as a whole, may even warrant an inference of tacit connivance.

The material placed before us discloses a disturbing pattern of inaction and administrative indifference, despite the issue having been repeatedly highlighted before various fora,” the bench said. “Having regard to the magnitude and seriousness of the issues involved in the present matter, as well as the prima facie lackadaisical approach adopted by the states concerned, this court cannot remain a silent spectator,” the court said.

“The lackadaisical response of states in the proceedings before the National Green Tribunal gives rise to a genuine apprehension in our mind regarding the very intent of state govts to act as the protectors of environment. The statutory framework is well-armed to deal with mining mafias but apparently the administrative authorities are dragging their feet, for reasons which are not difficult to discern.

We feel that under such grave circumstances, the state govts concerned would be well advised to invoke the provisions relating to preventive detention, seizure and confiscation of immovable properties and machinery, and to undertake effective and stringent prosecutions, so as to bring the offenders to book and ensure protection of the environment,” the bench said.

The court noted that there were cases where state govt officials were killed by sand mafia, which reflected a systemic and institutional failure to discharge state’s obligations under law. “Such apathy, particularly in the face of escalating environmental degradation and threats to human life, is both indefensible and wholly unacceptable in a constitutional democracy governed by the rule of law,” it said.
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