The Supreme Court on Friday termed "startling and disquieting" the bizarre submission of the Madhya Pradesh government pleading helplessness that its forest officials lack adequate firepower to match the weaponry of the sand mafia. The court observed that the State cannot be allowed to "plead helplessness" or take shelter under its own inadequacies, particularly when those directly contribute to the perpetuation of illegality, violence, loss of human life and an irreversible destruction of habitats vital to critically-endangered species. The observations came from a bench of Justices Vikram Nath and Sandeep Mehta that passed a slew of directions in a suo-motu case titled "In Re: Illegal sand mining in the National Chambal Sanctuary and threat to endangered aquatic wildlife".
"What is even more startling and disquieting is the fact brought to our notice that, in an affidavit filed before the National Green Tribunal, it has been stated on behalf of the state of Madhya Pradesh that forest officials do not possess the necessary equipment, more specifically, adequate weaponry, to effectively deal with the sand mafia, who are reportedly armed with superior weaponry and modern vehicles," the bench said. It said this disclosure, besides justifying inaction, exposes a "shocking state of unpreparedness" and a lack of institutional will on the part of the State machinery in tackling unlawful and organised illegal-mining activities. "The State cannot be permitted to plead helplessness or take shelter under its own inadequacies, particularly when such inadequacies directly contribute to the perpetuation of illegality, violence, loss of human life and the irreversible destruction of habitats vital to critically-endangered species," the court said.
The bench said it demonstrates a complete and manifest apathy on the part of the Madhya Pradesh and Rajasthan governments towards the discharge of their fundamental constitutional obligations -- maintenance of public order and prevention of unlawful and unruly activities that have a deleterious impact on the public at large and the fragile ecosystem involved. "The failure to equip enforcement personnel adequately and to ensure their safety while discharging official duties strikes at the very root of governance and the rule of law," it said. The bench said it was constrained to observe that such an approach not only emboldens the perpetrators of crime but also erodes public confidence in the State's ability to uphold law and order, thereby necessitating immediate, concrete and accountable corrective measures at the highest levels of administration. "Resultantly, this court is of the considered opinion that the first and foremost step required to be undertaken is the strengthening of the surveillance-and-monitoring framework so as to effectively curb and deter illegal sand-mining activities," it said.
The court said a robust, coordinated and technology-driven mechanism, ensuring real-time monitoring and prompt enforcement, is essential to prevent the continued perpetration of such unlawful activities and restore the rule of law in the affected regions.
The bench said the National Green Tribunal (NGT) is grappling with the issue of illegal sand mining since 2022, albeit without any significant success. The apex court noted that while hearing the suo-motu matter on April 2, it had transferred to itself the matter pending before the NGT. It passed several directions, including for the installation of CCTV cameras, to deal with rampant illegal sand mining in the sanctuary. The bench said it expects the states of Madhya Pradesh, Rajasthan and Uttar Pradesh to come out with concrete and effective measures for tackling illegal mining, failing which the court would be constrained to invoke its extraordinary jurisdiction for issuing appropriate directions, including deployment of paramilitary personnel.
It said if these states do not take concrete action, the court might direct for a complete ban on sand mining in Madhya Pradesh and Rajasthan and for imposing heavy penalties on the states for failing to safeguard critical habitats and a river ecosystem vital for sustaining all forms of life. "In case effective and positive steps are not taken by the next date of hearing, this court shall be constrained to pass urgent and stringent directions to deal with the situation," the bench said while posting the matter for hearing on May 11.
The National Chambal Sanctuary, also called the National Chambal Gharial Wildlife Sanctuary, is a 5,400-sq. km tri-state protected area. Besides the endangered gharial (long-snouted crocodile), it is home to the red-crowned roof turtle and the endangered Ganges river dolphin. Located on the Chambal river near the tripoint of Rajasthan, Madhya Pradesh and Uttar Pradesh, the sanctuary was first declared a protected area in Madhya Pradesh in 1978 and now constitutes a long and narrow eco-reserve co-administered by the three states.