SC slams Rajasthan Govt for total inaction on illegal mining; demands names of errant officers

The Supreme Court has expressed its deep anguish over the “total inaction” of the Rajasthan Government authorities for their alleged failure to stop illegal mining and stone crushing units in a village in Dausa district.

A Bench of Justices Ahsanuddin Amanullah and R Mahadevan, in an order dated February 12, 2026, noted that authorities remained “totally silent” despite repeated complaints.

The Supreme Court observed that no attempt was made to verify if mining activities exceeded permitted limits or were operating without mandatory clearances and directed the State counsel to furnish the names and designations of all officers posted in the area at the time of the incident whose inaction allowed the situation to escalate.

The remarks came while the Supreme Court granted a Suspension of Sentence to a petitioner, Prakash, who was convicted and sentenced to 10 years of rigorous imprisonment. The accused was allegedly part of a mob that vandalised the house of a complainant involved in the mining activities.

The case dates back to 2021, when the Sarpanch of Gram Panchayat Kalwan initiated a campaign against illegal land grabbing by a stone crusher owned by one Bhanu Pratap Singh. The petitioner contended that, as a “counter-blast” to this anti-encroachment drive, a retaliatory FIR was lodged against him and 13 others.

While the Trial Court convicted all 14 accused on July 4, 2024, the Rajasthan High Court later granted Suspension of Sentence to the co-accused but repeatedly denied relief to Prakash, most recently on September 9, 2025. Challenging this in the Supreme Court, Advocate Namit Saxena submitted that local villagers were forced to agitate because officials ignored their complaints. Saxena argued that the “mob violence” occurred in the heat of the moment due to administrative apathy. He further highlighted that the injuries reported were “simple scratches” and that Prakash, having no criminal antecedents, had already spent one and a half years in custody. It was further submitted that just because the petitioner was the brother of the Sarpanch, he had been made an accused.

The State Government had submitted that there are serious allegations of criminal misconduct against the petitioner, and he had a major role as he was leading the mob, and thus, his bail has been denied.

Taking note of the submissions, the Supreme Court bench said, “Having considered the matter in its entirety, we are inclined to allow the prayer for suspension of sentence and release of the petitioner on bail during the pendency of the appeal before the Rajasthan High Court.”

While allowing the petition, the bench also gave some more directions and made some hard-hitting observations. “Before parting, we notice that this case requires further action. The Court puts its anguish on record. Clearly, the present incident is the direct result of total inaction by the concerned Authorities, who were repeatedly approached to stop/check the illegal mining and Stone crushing units, that too, by the villagers concerned, who were being operated by the complainant and other people.”

“It appears that the authorities were totally silent, and not even an attempt was made to verify whether, as per the complaint, the complainant and others had exceeded their mining areas or were carrying out such activity without the proper required clearances,” the bench said. “Accordingly, learned counsel for the State shall furnish before us the names and designation of all the Officers who were there at the relevant point of time and due to whose inaction the present incident occurred. As this is not an isolated case which has come to the notice of the Court, we direct the learned counsel for the State to furnish the names,” the bench noted in its order.

Further, to facilitate matters, the bench asked the counsel for the petitioner to bring on record by filing an affidavit all the relevant petitions, applications, and material to show that there was illegal mining/stone crushing being done in that area, and listed the matter for further hearing on March 20, 2026.