The Calcutta High Court on Friday directed courts subordinate to it to expedite the adjudication of matters pending under different animal laws and forest laws.
The division bench of Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee passed this order. The High Court administration has placed on record a report which, inter alia, discloses the pendency of cases under different animal laws and forest laws.
The wide spectrum of environment management, ecological management, forest management and management of animal wealth which include different categories which fall within the definition of ‘animals’ in the relevant laws, indicate that the judiciary should be prompt to ensure that all allegations of intrusion into the domain of the animals which result in allegations as to the commission of offences gain prompt attention, requisite and timely adjudication.
“We are shown that as on the date of the report of the registrar general of this court, there are 1,140 cases pending under the forest laws before the courts below”,
-the Court said.
Therefore, the court direct that all the subordinate courts where such matters are pending, shall forthwith proceed on war footing in all such matters since the victims in all those cases are not “State” as is understood in the Constitution and the laws, but primarily the animals, who are voiceless creatures, who cannot be represented before an adjudicating authority, except by the duly authorized representative of the state government.
The bench directs that the registrar general will ensure that a circular following this order is issued within a week from now requiring all courts below to proceed with an action in the direction indicated herein.
“We alert the courts below that it is the required norms in terms of the Constitution and the law that except in exceptional situations, such cases shall not be adjourned and also to take requisite coercive steps for non-attendance,”
-the Court added.
The advocates appearing for the state government on different aspects, including answering certain queries made by the court regarding the management of orphaned infants of animals in the forest. The said report in the form of an affidavit, among other things, points out that though there is a legal cell in the department, they have a shortage of ground staff which is a great drawback in the proper management of adequate policing in the forest through forest guards.
It is also pointed out that there are clear cases of illicit activities and even illicit trade in animals including birds, reptiles, amphibians, fishes etc. Similarly, the flora wealth and protected birds including migrant birds will come within the guardianship cover of the wildlife warden.
The court stated that the very use of the word ‘warden’ in the nomenclature of the office of the wildlife warden and the chief wildlife warden clearly indicates the role of those officers as that of guardians of the animal wealth.
The conservator of forests and the guardianship role over the animal wealth will run hand in hand in the hands of able officers. We are told that there are 126 officers in the state of West
Bengal from the Indian Forest Service cadre.
The bench adjourns this matter to March 26, 2021, within which time a further affidavit will be filed by the conservator of forests disclosing the volume of illegal activities in trade or otherwise affecting the animal wealth and further streamlining what could be suggested by the department.
It will also be open to the officers of the wildlife sector and the forest sector to place such suggestions which, according to them, will improve the forest management and the wildlife management in West Bengal.