Assam: NGT summons Bajali District Magistrate, SSP over inaction on illegal sand mining

Guwahati: The National Green Tribunal (NGT) has asked District Magistrate and Senior Superintendent of Police of Bajali to personally appear before the Tribunal on the next date of hearing (December 11, 2025) concerning a case of illegal sand mining on the Kaldiya river in Assam's Bajali district.

The NGT, Eastern Zone Bench, Kolkata, issued the directive during a hearing on September 24, 2025, noting a lack of clarity regarding police action taken on a complaint about the unlawful activity.

The case, Arup Jyoti Das & Ors. Versus State of Assam & Ors. (Original Application No. 196/2024/EZ), stems from a complaint about illegal sand extraction at Chaibari Village. The applicants were represented by Advocate Vikram Rajkhowa (through VC).

The Tribunal observed that while a person involved in the illegal mining was identified and a written complaint was made by the Executive Magistrate, Bajali on July 28, 2024, for the registration of an FIR, there was nothing on record to show that an FIR was registered and investigation was carried out promptly.

The bench, comprising Justice Arun Kumar Tyagi, Judicial Member, and Ishwar Singh, Expert Member, emphasized that illegal mining is an offence of theft and police are bound to register an FIR immediately upon receiving such information, citing Supreme Court judgments.

In September , 2024, the NGT has ordered a probe into allegations of illegal sand mining in the Kaldiya River in Bajali district.

The tribunal constituted a committee to carry out an inspection of the site to assess the extent of damage caused to the river and its surrounding ecosystems.

DGP Assam Directed to Intervene

The NGT further expressed a broader concern, stating it has observed in similar cases that FIRs are often not immediately registered by the Police. Consequently, the Tribunal directed the Director General of Police (DGP), Assam, to look into the matter, issue appropriate instructions, and file an affidavit within four weeks.

The DGP’s affidavit must detail how many complaints were made by Executive Magistrates or other Government Officers for FIR registration against illegal mining in the state, whether FIRs were immediately registered in all such cases, and whether investigation was promptly carried out in all such cases.

“…the Director General of Police, Assam is directed to look into the matter, issue appropriate instructions and file affidavit in this regard within four weeks with requisite details giving information as to how many complaints were made by Executive Magistrate or other Government Officers for registration of FIR against persons indulging in illegal mining and whether FIRs were immediately registered in all such 3 cases or not and whether investigation was promptly carried out in all such cases or not,” the order stated.

Officials Summoned for 'Essential Assistance'

Regarding the local administration in the specific case, the NGT found the personal appearance of the District Magistrate and the Senior Superintendent of Police of Bajali district "essential for assisting this Tribunal in just and proper adjudication". They have been directed to remain present, either physically or through video conferencing, along with relevant records on the next date of hearing, December 11, 2025, which is fixed for final hearing.

"In the facts and circumstances of the case, we consider personal appearance of the District Magistrate, Bajali and Senior Superintendent of Police, Bajali to be essential for assisting this Tribunal in just and proper adjudication of the questions involved in the present case and accordingly, they are directed to remain present before this Tribunal physically or through VC on the next date of hearing fixed with relevant record," the NGT order read.

In the meantime, respondents in the case have been given a timeline to complete the filing of their responses and rejoinders.