Gauhati High Court Demands Explanation from Mizoram Chief Secretary Over Non-Compliance with Arecanut Smuggling Investigation Order
The Gauhati High Court has instructed the Chief Secretary of Mizoram to submit a personal affidavit explaining why the court’s order for a fresh and impartial investigation into the smuggling of dry arecanuts has not been fully implemented.
The Division Bench, comprising Chief Justice Vijay Bishnoi and Justice Michael Zothankhuma, was hearing a Public Interest Litigation (PIL) concerning the smuggling of dry arecanuts from Mizoram to other locations. The petitioner alleged that the State Government has failed to take adequate measures to stop this smuggling and has issued forged e-way bills.
On January 22, 2024, the court, considering the petition and the responses from various respondents, issued a detailed order indicating that there were irregularities in the issuance of e-way bills by the relevant departments. These irregularities facilitated the smuggling of arecanuts from Champhai District to other places.
The court directed the State Government to conduct a fresh and impartial investigation into the complaint/FIR filed by the petitioner and sought an explanation as to why the FIR had not been registered by the Champhai Police Station. The court also clarified that the State Government could file a new FIR if necessary.
The court expressed disappointment that despite its order on January 22, 2024, and granting the State Government additional time to provide a factual report, no FIR had been registered on the petitioner’s complaint.
The court noted that the Investigating Officer had previously filed an application with the Chief Judicial Magistrate to take cognizance of the accused without registering the FIR. This application was rejected on January 7, 2022. After the court’s order on January 22, 2024, another application was submitted to the Chief Judicial Magistrate seeking direction on how to proceed with the case.
The court observed that the Officer-in-Charge of Champhai Police Station had not complied with the court’s directives and that the State Government appeared to be taking the matter lightly.
In response, the court directed the Chief Secretary of Mizoram to file a personal affidavit explaining why the order dated January 22, 2024, had not been fully complied with. Additionally, the Officer-in-Charge of Champhai Police Station was instructed to submit a personal affidavit explaining why the FIR on the petitioner’s 2021 complaint had not been registered.
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