Who
is to blame, Sand Mafia or Police?
An
open letter to Chief Minister Mr Shivraj Singh Chouhan from Ravindra Nath
Tripathi, Advocate High Court, Jabalpur
Mr Chief Minster,
I may be accused of writing this letter at wrong time,
and person reading this letter may be left with bitter taste in their mouth,
but truth is always not so sweet. Sand mining in Madhya Pradesh has stopped
since long, but every district of Madhya Pradesh is allowing sand mining under
strict control of Collector posted at each district. In most of the cases
Powerful politician of the area is partner in this act, he protects and allows
this mining to take place. Police which is not authorised either under Motor
Vehicle Law or Under Mining Act wants its own share. Killing of Police Constable
Dharmendra Singh Chouhan on 05.04.2015, earlier killing of IPS officer Narendra
Kumar Singh on 08.03.2012 is having other story which no one wants to discuss,
but let me bring the truth to the people of Madhya Pradesh and India.
Even world community should also note the truth. The image published in the
news paper clearly reveals that police constable jumped and hanged on the door
of the dumper, and subsequently caught the steering of the dumper. These
present day vehicle are having power steering and a person knows ABCD of these
vehicle know that once a person hanged on the steering, it must have gone out
of control and subsequently the dumper lost balance and constable was squeezed
between dumper and mud wall. Indian media which never give unbiased story on
any matter, can not be expected to make a fair reporting of the case. Some
media is saying that driver overturned the dumper on the honest police
constable and some other are making more spicy story. Even when IPS officer was
killed none in the media raised the question as to what an IPS officer was
doing with the tractor? Why he hanged on it? Obviously a driver who is driving
a motor vehicle for 100 to 200 rupee per day is not interested in killing even
a rat on the road. But lynch mob mentality of Indian Media wants to kill the
dumper owner, wants to kill the driver immediately. Why? Is it a case that one
person stolen something and placed it in their pocket and was found running
with the same. When a dumper get loaded and operates it is done in full media
glare, in full knowledge of police and in full knowledge of Collector, SP,
Mining department etc. Local Media person get their share of money every month
for not telecasting these stories. This story I can send to the entire media
person, but no one will publish. If a false case is provided by police to the
media, it creates headlines, because most of the media we have today is paid
media. We all know? But we will not accept it. We don't want to be diagnosed
for the illness we have in our body called India,
because once we will accept that we are suffering from this cancer called corruption,
then we will be required to cure it. We don't want to do that. Forget about
private work, each government building constructed in last two year, have been
constructed with illegal sand. In my district Seoni and a neighbouring district
called Balaghat, there are two toll booth and one watch tower, they all have
CCTV footage of all the vehicle carrying sand and stone products, but no body,
whether he is chief minister, whether he is prime minister or any local leader
or officer would like to enquire from these CCTV footage how many dumper have
gone and with what? Because that will lead to a situation, whereby collector of
both the districts will be in jail along with all the mining staff, who have
exclusive right to check illegal mining. Further enquiry will further reveal
that even ministers in the government and so called mafia are involved. How a
dumper operator, however mighty he may be uninterrupted carry a dumper with
illegal sand or illegal mining product 80 to 90 km on state highway or national
highway, and then supply this sand and other mineral product to cities where
most of the construction work is going on. But no one will accept any role of
collector or Mining Officer? Police they are biggest cancer of our society.
Just go and see the police record, how many blind murder cases have taken place
in last a few years? In most of the cases police is not able to trace the
culprits. In some cases where there is too much pressure, police catch hold
some poor person and make case against them. Let me discuss what role police
has in catching the sand or other mining mafia. Whether they have any role at
all or not?
Every citizens of India believe that a person chosen
in Prime Service like Indian Police Service and Indian Administrative Service
should be aware that each citizen of India have been provided certain
fundamental rights in the Constitution of India, and these certain fundamental
rights include Right to move freely throughout the territory of India [Article
19(1)(d)] and Right to practise any profession, or to carry on any occupation,
trade or business [Article 19(1)(g)]. And these rights can be curtailed only
under Article 19(5) and Article 19(6) respectively. And citizens of India also
believe that a person chosen in Prime Service like Indian Police Service and
Indian Administrative Service should be also aware that any restriction not
authorise by law imposed on these fundamental rights violates fundamental right
of citizens. The law which governs movement of transport vehicle is Motor
Vehicle Act, 1988 and law which governs the illegal mining and transportation
is The Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act).
Now the real question is, does law permits a police constable, or officer of
Indian Police Service or for that matter any other police officer of any other
rank to check the vehicle either for illegal transportation of minor minerals
or for overloading? Unfortunately answer of both these question is in negative,
why? Because Section 130(3) of Motor Vehicle Act, 1988 provides "The owner of
a motor vehicle (other than a vehicle registered under section 60), or in his
absence the driver or other person in charge of the vehicle, shall, on
demand by a registering authority or any other officer of the Motor Vehicles
Department duly authorized in this behalf, produce the certificate of
insurance of the vehicle and, where the vehicle is a transport vehicle, also
the certificate of fitness referred to in section 56 and the permit; and if any
or all of the certificates or the permit are not in his possession, he shall,
within fifteen days from the date of demand, submit photo copies of the same,
duly attested in person or send the same by registered post the officer who
demanded it." Therefore it is only and only
Registering Authority or officer of the Motor Vehicle Department who can demand
Registration Certificate, Fitness or Insurance. And unfortunately a police
constable, or officer of Indian Police Service or for that matter any other
police officer of any other rank is not an officer of the Motor Vehicle
Department. Because Section 213(1) of the Motor Vehicle Act, 1988 provides
"The State Government may, for the purpose of carrying into effect of
provisions of this Act, establish a Motor Vehicles Department and appoint as
officers thereof such persons as it thinks fit." And Government of
Madhya Pradesh under Rule 243 of Madhya Pradesh Motor Vehicle Rule 1994
provides for Establishment of Motor Vehicles Department and sub-rule (1) of
Rule 243 provides "The Motor Vehicles Department within the meaning of
section 213 of the Act shall be the Transport Department of Government of
Madhya Pradesh. The officer designated as Transport Commissioner Madhya Pradesh
shall be in overall charge and control of the Department and subject to the
general and specific guidance of the State Government. The Following officers
shall be deemed to be officers of the Motor Vehicle Department in terms of
section 213 of the Act, the in lower category being subordinate to officers in
the higher category.
Category Designation
of Officers
(I)
Transport
Commissioner,
(II)
Secretary, State
Transport Authority.
(III)
Deputy Transport
Authority,
(IV)
(a) Assistant Transport Commissioner.
(b)
Regional
Transport Officers.
(c)
Additional
Regional Transport Officers.
(V)
Assistant
Regional Transport Officers.
(VI)
Transport
Inspectors.
(VII)
Transport
Sub-Inspectors.
(VIII)
Assistant
Transport Sub-Inspectors.
(IX)
Transport Head
Constables.
(X)
Transport
Constables."
As stated above a police constable, or officer of
Indian Police Service or for that matter any other police officer of any other
rank is not an officer of the Motor Vehicle Department, therefore he can not
demand Registration Certificate, Fitness and Insurance of the Vehicle. And with
regard to overloading u/s 114(1) of the Motor Vehicle Act, 1988 it is only
officer of the Motor Vehicle Department authorised in this behalf by the State
Government, can require the driver to convey the vehicle to a weighing device.
Here again a police constable, or officer of Indian Police Service or for that
matter any other police officer of any other rank can not check overloading of
the vehicle. Similarly under Rule 53(2) of Madhya Pradesh Minor Mineral Rules,
1996 whenever any person is found extracting or transporting mineral in
contravention of the provisions of rules the Collector/ Additional Collector/
Joint Director/ Deputy Director/ Mining Officer / Assistant Mining Officer or
any officer authorised by him or Zila/ Janpad/ Gram Sabha may seize the minor
minerals and its products together with all tools, equipment and vehicles used
in committing such offence. But unfortunately even here a police constable, or
officer of Indian Police Service or for that matter any other police officer of
any other rank is not authorised to check the Vehicle for contravention of
provisions of rules. Even a person authorised by law under Motor Vehicle Act,
1988 can not seize the vehicle until he gives time of fifteen days to the owner
or driver of the Motor Vehicle to produce the documents mentioned in Section
130(3) of Motor Vehicle Act, 1988. Same provision has been reiterated again in
more unambiguous terms in Rule 139 of Central Motor Vehicle Rule, 1989.
Similarly when vehicle is seized under rule 53(2) of Madhya Pradesh Minor
Mineral Rules, 1996 officer seizing illegally extracted or transported minerals
or its product, tools, equipments and vehicles shall give a receipt of the same
to the person from whose possession such things were so seized. But when
Collector, Superintendent of Police, Political Masters, Station House Officers,
Mining Officer collude together, and start acting like mining Mafias, then who
is going to report their act to the Magistrate, Because even law does not
permit reporting of this illegal mining to the Magistrate by a common citizen
of this country. Section 22 of MMDR Act says that No court shall take
cognizance of any offence punishable under this Act or any rules made there
under except upon complaint in writing made by a person authorised in this
behalf by the Central Government or the State Government.
As per Rule 53(3) of Madhya Pradesh Minor Mineral Rule
1996 "The officer seizing illegally extracted or transported mineral
or its product, tools, equipment and vehicles shall give a receipt of the same
to the person from whose possession such things were so seized and shall make
report to the Magistrate having Jurisdiction to try such offence."
But instead of reporting such crimes to the Magistrate all Collectors in Madhya
Pradesh have converted their office into Kangaroo Court and have been harassing
and extracting illegal money from Mafias.
When mines in the state of Maharastra got Environment
clearance, and issuing royalty to the sand, administration of Balaghat district
threatened through police not to purchase sand from Maharatra instead each and
every dumper operator was asked to purchase illegal sand from Balaghat Mafia.
These threats were issued by none other then Balaghat Police, directly by
police staff posted at Varaseoni, Lalbarra and Katangi Police Station. When
dumper operators refused to purchase the illegal sand they were placed under
arrest and false case of Dacoity, Rioting, and obstruction in police duty was
placed, President of dumper union was placed under preventive detention under
National Security Act, 1988.
I request chief minister to kindly ask SIT to record
my statement also if they really want to go to the bottom of the truth.
