The Supreme Court on Friday sought the status report on violent attacks on forest officers in Rajasthan, Maharashtra and Madhya Pradesh from the respective state governments.
Hearing the matter of increasing deaths of forest rangers, the bench of Chief Justice S.A. Bobde, Justices A.S. Bopanna and V. Ramasubramanian expressed concern and CJI Bobde said each forest officer is entitled to more protection than others. The CJI said the forest officer is usually alone and cannot approach others for help.
The petitioner’s counsel, Senior Advocate Shyam Divan, submitted that in India there are reports of 32 percent fatalities of forest rangers, who are unarmed and are brutally attacked by encroachers. Several FIRs have been filed against them for taking action against encroachers, said Divan, citing incidents in Rajasthan, Madhya Pradesh and Maharashtra. Divan emphasised on ensuring protection of forest bureaucracy.
The CJI asked amicus curiae ADN Rao why officers were unarmed? Rao said that it is because of the non-utilisation of funds by the state government. The court then enquired if there was any order which kept these officers unarmed.
Referring to Assam where forest officers are armed, the CJI said he couldn’t understand the reasons for the unequal treatment. The CJI said the court will make sure funds are used for bulletproof vests, helmets for a section of the officers. He further suggested there could be a wildlife wing consisting of certain officers.
Further, the court sought status reports from state authorities on this matter.
The petitioner brought the Supreme Court‘s attention to the encroachments which are being faced by the forest officers. The helplessness faced by the forest officers in protecting the forest flora and fauna. In particular, the petitioner pointed out that counter FIRs had been filed against these officers for taking action against encroachers.
The bench said that at present the court cannot pass orders with respect to it as it is for the criminal court to look into the matter. It is not aware of any law that can be enforced against encroachers who are heavily armed, said the bench.
Solicitor General Tushar Mehta, ADN Rao and Shyam Divan stated that they will make a joint submission about the measures which can be adopted for protecting the forest and lives of forest guards.
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Until then related matters have been adjourned for four weeks.The court granted interim relief with respect to clause 2, in addition to it, relief granted with respect to prayers 3,4,5 and 6 as amended.