
MADURAI: Taking cognisance of the fact that none of the vehicles involved in illegal transportation and dumping of biomedical wastes into Tamil Nadu have been confiscated so far despite registration of criminal cases.
The Madurai Bench of the Madras High Court recently directed the Tamil Nadu Chief Secretary, Director General of Police (DGP), among others, to issue necessary circulars or orders to ensure confiscation of vehicles involved in the above offence.
Justice B Pugalendhi, who gave the direction, observed that mismanagement of biomedical wastes is not just an environmental issue but a serious threat to human survival. Though the Bio-Medical Waste Management Rules, 2016, which prescribes a detailed procedure for disposal and management of bio-medical wastes, is very much in vogue, there are frequent transportations of medical wastes into Tamil Nadu, from the neighbouring states, particularly Kerala, he noted.
The state government, on an earlier occasion, had assured the high court that it would start invoking the Goondas Act against the violators of the aforesaid rules. The National Green Tribunal (NGT) is also continuously monitoring the issue and both the high court and the tribunal have passed a series of directions to curb the above menace but the situation continues to remain the same, the judge observed.
Though the state police, in order to curtail the above offence, have registered criminal cases, seized vehicles and increased the number of check posts, none of the vehicles involved in the offence have been confiscated so far, Justice Pugalendhi pointed out.
Even if the vehicle has been apprehended by the police or other officials, they ought to inform the authority concerned, under the Tamil Nadu Urban Local Bodies Act, 1998 and Rules, 2023, for further action with regard to seizure and confiscation, he said and wondered why the same was not done.
"Launching prosecution alone would not suffice. Confiscation of vehicles used for the offence should be done in order to curtail the menace, by instilling fear among the offenders," he observed, and directed the government to ensure confiscation of vehicles involved in the said offence by strictly implementing the aforementioned Act and Rules.
The judge gave the directions while hearing a batch of petitions filed by two persons who were seeking relief from criminal proceedings initiated against them for dumping plastic and biomedical wastes in Tenkasi and Kanniyakumari districts.
While the first petitioner V S Shibu sought to quash an order passed by the Kanniyakumari district court confirming the seizure of his vehicle which was allegedly used for illegal transportation of medical waste, the other petitioner B Velmurugan had sought to quash an FIR registered against him by Tenkasi police for a similar offence. Shibu's petition was dismissed and Velmurugan withdrew his petition.