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Illegal import of toxic wastes - Issue pending since 1995 - Customs directed to complete destruction by incineration in 60 days - there is complete apathy on part of officers - Disciplinary action to be initiated: Supreme Court

By TIOL News Service

NEW DELHI, MAR 07, 2014: THE issue is pending since 1995 and the Supreme Court had passed several orders, many of which were disobeyed with impunity by the Authorities. The issue pertains to import of hazardous and toxic wastes. The Supreme Court had ordered destruction by incineration of waste oil in 170 containers at the cost of the importer. The latest order of the Supreme Court was on 06.07.2012. The case came up before the Supreme Court again in February 2014, when the Court was informed that the number of containers containing waste oil and various other waste materials were 212.

On 18.02.2014, certain affidavits were filed before the Supreme Court by the Commissioner of Customs and other Authorities and the Court was informed that the whole process of incineration will take about 60 days.

The Customs Commissioner assured the Court that the process of incineration will start from 10th March, 2014. The Court expected the work to be completed by 10th May, 2014 as assured. The Commissioner (Customs) will file an interim report after 30 days and final report on completion of the work after 60 days.

Apart from the disposal of this waste material, the Customs authorities will have to take steps for recovery of the amount spent in this incineration process and other charges. The Customs authorities are directed to take necessary action against all those importers, shipliners and CFS (Custodians) responsible for dumping this waste material, and all those whoever are otherwise responsible for this.

The Supreme Court noted, "there is a complete apathy and inaction on the part of the concerned officers. In fact, again in our last order we had asked the Director, Ministry of Environment and Forest to place on record as to who are the officers responsible and what action has been taken against them. She has filed an affidavit affirmed on 4.3.2014 but it does not give any assistance in this behalf."

The Supreme Court observed, "the only course available for us is to direct an appropriate inquiry so as to take cognizance of dereliction on the part of the concerned officers and, if satisfied, decide about the disciplinary and other measures. After having a word with Mr. Khanna , learned Additional Solicitor General who also had a word with the officers, we appoint a Committee consisting of (a) Joint Director (Customs), Department of Revenue and Finance; (b) Director, Ministry of Environment & Forest; and (c) Director, Ministry of Shipping, to hold appropriate inquiry to ascertain as to who were the officers from these three Ministries who were responsible for not taking necessary steps for all these years and if satisfied that there is dereliction on the part of some of the officers, initiating the disciplinary measures/appropriate actions in accordance with law."

(See 2014-TIOL-24-SC-CUS)


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