KOCHI: The Kerala high court on Monday criticised the state government for violating legal provisions through government orders. The criticism was in the judgment denying anticipatory bails in Muttil tree-felling case.
The criticism by justice K Haripal was in the judgment (B.A. No.s 2109 and 4823 of 2021) on anticipatory bail pleas filed by the three brothers who are the main accused in cases over alleged mass tree-cutting at Muttil in Wayanad. The accused had cited a government order to justify the tree-cutting and had contended that the government is the real culprit.
In the judgment, the court said, “It is not necessary for the court to make any comment, sitting in bail jurisdiction, on the argument of the learned counsel that the government is the real culprit in the entire episode. But it is disturbing that statutory provisions are being infringed by issuing executive directions with impunity. Apex Court has in catena of decisions held that, when government is competent to amend statutory provisions even retrospectively, it cannot be whittled down by executive orders.”
The court declined anticipatory bails to 46-year-old Roji Augustin, 33-year-old Anto Augustin, and 40-year-old Josekutty Augustin of Moongananiyil House at Vazhavatta in Wayanad. Roji is the proprietor of Surya Timbers in Wayanad.
Dismissing the pleas for pre-arrest bails after a detailed hearing, the court said setting the law in motion by registering forest crimes is justified. Conduct of the petitioners is capable of inferring commission of forest offences, the court said, adding that they managed things by manipulating records and influencing officials.
After perusing the documents, the court said the petitioners had neither obtained tree-cutting permits nor transit passes.
