Punjab & Haryana HC Issues Guidelines on Vehicle Seizures by Mining Officers

Respect Legal Rights, Consider Potential Humanitarian Consequences: Punjab And Haryana HC Issues Guidelines To Mining Officers Seizing Vehicles

Introduction:

In a recent and highly significant legal development, the Punjab and Haryana High Court issued a landmark judgment on October 3, 2023, that has far-reaching implications for mining-related activities in the region. The judgment, titled “Rajak vs. State,” involves the issuance of a comprehensive set of guidelines to mining officers, aimed at ensuring transparency, fairness, and adherence to legal procedures when seizing vehicles engaged in mining operations. This groundbreaking decision stems from a case where Mr. Rajak, a truck owner, found his means of livelihood imperiled when his vehicle was impounded by a mining officer. The alleged violations included the transportation of 35 metric tons of stone/mineral material without the requisite permit and a missing e-Rawana (transit pass). Notably, the petitioner argued that he was not granted an opportunity to contest the seizure, and no formal complaint or First Information Report (FIR) had been filed by the mining department.

Key Guidelines for Transparency and Fairness:

The Punjab and Haryana High Court’s judgment is underpinned by a set of nine pivotal guidelines that are designed to establish a fair and transparent framework for vehicle seizures in mining-related activities. These guidelines encompass a broad spectrum of elements, each of which is crucial for ensuring fairness and legality in the process.

1. Fair and Transparent Inspection Process:
   • A critical aspect of these guidelines is ensuring that inspections and checks carried out by mining officers are conducted fairly and transparently.
   • Surprise checks, which are an essential part of mining-related activities, should be conducted in strict adherence to established procedures and rules.
   • It is incumbent upon the officers to clearly state the specific violations alleged, including providing the reasons for alleging these violations.
2. Proper Documentation:
   • Proper documentation is essential for maintaining transparency and ensuring that all findings during inspections are accurately recorded.
   • This includes documenting the condition of the vehicle, the quantity of minerals being transported, and any violations observed.
   • Mining officers are required to provide a written report of the inspection findings to the vehicle owner or driver, specifying the alleged violations and explaining them in a language that the concerned parties understand.
3. Respect Legal Rights:
   • Central to these guidelines is the importance of respecting the legal rights of vehicle owners and operators. This includes their right to due process and a fair hearing.
   • Vehicle owners should be informed of their rights and the steps they can take to contest any actions taken against them.
4. Handling of Overload Violations:
   • In cases where overload violations are alleged, these guidelines mandate that evidence be properly collected and recorded.
   • The alleged overloaded quantity of the mining material should be clearly specified, and evidence supporting the claim must be provided.
   • Established penalty guidelines for overload violations, in accordance with relevant mining rules and regulations, should be followed. These guidelines also specify the quantum of the likely penalty and the mode of calculations.
5. Appellate Process:
   • Vehicle owners must be informed of their right to appeal any seizure or penalty imposed on them.
   • Clear guidance on the appellate process, including information on where and how to file an appeal, should be provided.
   • It is essential that appeals are processed promptly to prevent unnecessary delays.
6. Humanitarian Considerations:
   • The guidelines stress the importance of taking into account the potential humanitarian consequences of vehicle seizures.
   • This includes considering the livelihood of the vehicle owner and their family, particularly if the vehicle is their primary source of income.
   • Mining officers are encouraged to expedite the release of seized vehicles when it is appropriate to do so.
7. Communication and Responsiveness:
   • Open communication with vehicle owners and their legal representatives is vital in ensuring a fair and transparent process.
   • Mining officers should respond promptly to any written appeals or representations submitted by vehicle owners.
   • The guidelines emphasize that the appellate authority must thoroughly review and address appeals.
8. Determination of Tentative Penalty in the Challan Seizure Memo:
   • Mining officers are instructed to calculate and determine a tentative penalty payable by the offender in the seizure memo/challan.
   • The offender should be made aware of their right to contest the penalty that has been determined.
   • This allows the offender to make an informed choice regarding payment to avoid vehicle seizure or to contest it after the vehicle has been seized.
9. Duty of the Mining Officer to Seek Court Order for Confiscation of Vehicle Upon Failure to Pay Penalty:
   • In the event that no FIR or complaint is filed before a competent court and the penalty is not paid within 30 days of vehicle seizure, these guidelines dictate that the mining officer should promptly, but no later than the next seven days, move an application to the competent court for the confiscation of the vehicle.
   • If the mining officer fails to do so, written reasons for this failure must be recorded in the file.

Court’s Observations:

The Punjab and Haryana High Court expressed its deep concern over the petitioner’s severe financial hardship and potential hunger, which resulted from the prolonged seizure of his vehicle, the primary source of his livelihood. The court critically questioned the lack of evidence regarding the alleged violations and stressed the importance of timely processing of appeals.

Conclusion:

The judgment issued by the Punjab and Haryana High Court is a watershed moment in the realm of mining-related vehicle seizures. It underscores the critical importance of respecting legal rights, taking into consideration potential humanitarian consequences, and adhering to legal procedures when seizing vehicles involved in mining activities. The guidelines laid out by the court provide a comprehensive framework for achieving transparency, fairness, and legality in the process. These guidelines must be rigorously implemented to safeguard the rights and livelihoods of individuals affected by such seizures.

The case of Mr. Rajak serves as a poignant reminder of the real-life impact of such actions and the necessity of ensuring that justice is served with compassion and adherence to the rule of law. By issuing these guidelines, the Punjab and Haryana High Court has taken a significant step toward creating a more equitable and humane system for addressing vehicle seizures in the context of mining activities. This landmark judgment will undoubtedly serve as a guiding light for future cases and set a standard for upholding legal rights and humanitarian considerations in similar situations.