NEW DELHI: It is a classic case of how Supreme Court does not follow its own rulings. While it has repeatedly held any stay order in criminal matters should not continue for an unduly long time, its stay order on a CBI probe into poaching of animals in Corbett Tiger Reserve (CTR) has been in operation for the last seven years. Now, the apex court has agreed to hear a plea filed by an environmentalist from Uttarakhand seeking lifting of stay to allow CBI to complete its probe which had suggested “connivance of forest officers/officials with poachers”. Interestingly, CBI has also filed an application for vacation of order in which it mentioned the findings of a preliminary inquiry conducted by it.In this case, HC had in Sept 4, 2018 ordered a CBI probe into all poaching cases in the state in the past five years and to find out the “complicity, involvement or collusion” of serving forest department officials in these incidents after the court was informed that 40 tigers and 272 leopards have died in the state in the last two-and-half years. But the HC order was stayed by SC on Oct 22 of the same year, when it passed an ex-parte order on an appeal filed by a retired principal chief conservator of forest (wildlife) and chief wildlife warden of the state D S Khati.Appearing before a bench headed by CJI B R Gavai, advocate Govind Jee, representing environmentalist Atul Sati, mentioned the case and pleaded for early hearing. Agreeing with his plea, SC posted the hearing to Nov 17. The petitioner alleged HC passed the order after considering scientific reports submitted by Wildlife Institute of India and Wildlife Crime Control Bureau, and the prolonged stay has effectively stymied chances of detecting and dismantling the transnational, as well as trans state network, which was behind the poaching of tigers.Records of the case show that CBI also filed an application in 2023 for vacation of the order, and also mentioned the findings of its one-month probe before the stay order was passed by SC. The agency said it found various irregularities, including a deliberate attempt made by forest officials to cover up the death of a tiger.Referring to a case in which meat and skin of tiger and leopard were recovered, CBI said, “During inquiry by CBI of this case, photocopy of case records, as made available by the forest department have been scrutinised and 38 persons including forest officials, private persons and accused persons have been examined. CBI inquiry suggests the connivance of forest officers/officials with poachers.” It said the guidelines issued by National Tiger Conservation Authority (NTCA) in respect of death were not being followed in Corbett.“During inquiry, prima-facie connivance of officers/officials of forest department of Uttarakhand has emerged in some cases. Gross negligence of guidelines of NTCA by officers/officials of forest department was also seen,” it said in its report.“It is further submitted that the direction for a preliminary inquiry by CBI was passed by HC only after perusing the entire record, including the technical reports of Wildlife Institute of India, the report of the Wildlife Crime Control Bureau, and the communication issued by the head of forest force, Uttarakhand, all of which clearly indicate accountability of senior forest officials including the petitioner (Khati) himself, and in view of transnational as well as interstate nature of network of tiger poaching involved in the matter. The order, therefore, was a reasoned judicial determination founded on cogent material and appreciating the urgency, gravity as well as geographical spread of a network of tigers poachers, aimed to eliminate/ mitigate any future threat to safety of tigers,” the petition filed by Sati, said.
