Mining mafia killing officers: Supreme Court suggests preventive detention to tackle Chambal sanctuary 'anarchy'

The Supreme Court on Thursday expressed serious concern over rising violence by illegal sand mining mafias in the Chambal sanctuary region, and the States' inability to control the problem.

A Bench of Justices Vikram Nath and Sandeep Mehta observed that several police, forest and administrative officers have been killed in Rajasthan while acting against the mining mafia.

“It’s an extremely sad state of affairs that a State government says we can’t defend our natural resources. What happens? Absolute anarchy. These mining mafias are the new dacoits...Number of SDMs, police, and forest officials have been killed in Rajasthan by the mafia,” it said.

The Court urged government to use preventive detention to tackle such criminals.

The observation came while the Court was hearing its suo motu case on illegal sand mining across Rajasthan, Madhya Pradesh and Uttar Pradesh.

During the hearing, the amicus curiae referred to an affidavit filed by the State of Madhya Pradesh before the National Green Tribunal (NGT), which indicated that effective action against sand mining mafias was difficult because those involved were often better armed than State officers.

The amicus said it was troubling for a State government to inform a judicial authority that it lacked adequate weapons to deal with such criminal groups.

“For State government to come and tell a judicial authority that we don’t have guns…” the amicus submitted.

Responding to this, the Court questioned the inability of the State to protect its own natural resources and warned of serious consequences if such lawlessness continued.

It observed that States were failing to use existing legal tools available to tackle organised crime.

“State government has completely forgotten that there is a law called preventive detention,” the Court remarked.

Referring to an earlier instance of large-scale lawlessness, the Court cited a situation in Jaisalmer where mafias had destroyed windmills.

“Similar situation took place in Jaisalmer wherein all the windmills were destroyed by mafias. Complete system was in collapse. We passed an order for preventive detention, then it was under control,” the Court noted.

The amicus also referred to a joint committee report filed earlier before the NGT identifying GPS locations in Madhya Pradesh and Rajasthan where illegal sand mining had been taking place since 2022. He urged the States to clarify what action had been taken pursuant to that affidavit.

The Court also referred to video evidence showing continued mining activity despite restrictions.

“There are videos that are literally terrifying. There are animals moving around and earthmovers are taking out sand from the river. Passing through the police stations, mining outpost,” the Bench observed.

When counsel for Uttar Pradesh stated that no mining was taking place in the State, the Court noted that illegal sand extracted in neighbouring States ultimately reached Uttar Pradesh.

“Extraction from Rajasthan and MP and consumption in UP,” the Bench said.

The Bench also raised concerns over attempts to de-notify protected land in the Chambal sanctuary.

“The de-notification is a serious issue. They could not have done it on their own. It’s illegal. State is in hot waters. Hot waters of Chambal,” the Court remarked.

The Court said it would not permit any de-notification of protected land meant for endangered wildlife.

“We are not allowing de-notification of any reserved land for protected species. The gharials are on the verge of extinction,” it said.

Consequently, the Court stayed a notification issued by the State of Rajasthan under Section 18 of the Wildlife Protection Act, noting that the move to de-notify around 732 hectares of land from the sanctuary could seriously harm the fragile river ecosystem that supports endangered species such as the gharial.

In its order, the Court granted four weeks’ time to the States to file responses to the first report submitted by the amicus curiae.

Additional Solicitor General Anil Kaushik was directed to obtain instructions from the Ministry of Environment, Forest and Climate Change which had not entered appearance despite earlier notice.

The National Board for Wildlife was also impleaded as a respondent in the case.

The matter will be taken up next on May 11.

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