A Division Bench of the Kerala High Court on Wednesday directed the special investigation team (SIT) probing the cases relating to the illegal felling and removal of valuable trees from various parts of Kerala to investigate the cases from all angles at the earliest to protect the interest of the State and avoid such situations in future.
The Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chali while disposing of a public interest litigation seeking a Central Bureau of Investigation probe into the cases observed that “if anybody, howsoever high he is, is involved” in the illegal cutting of trees, adequate and stringent action should be initiated by the SIT, headed by the Additional Director General of Police, Crime Branch, at the earliest to ensure that the evidence required for properly proceeding with the investigation and for the culmination of the prosecution proceedings were not “defaced or removed by the culprits.”
Not alone from Patta land
The court ordered that the investigation “shall not be saddled only with regard to the trees cut and removed from the patta lands.” The SIT had been constituted for investigating the incidents of cutting and removal of valuable trees from the forests, government and Patta lands. Therefore, “the SIT has to conduct investigation not only into the cutting and removal of valuable trees from the Patta land, but also from the government as well as forestland,” the court added.
The issue was a serious matter. Therefore, “no manner of leniency or laxity can be shown in the matter. The State will have to take the matter forward more seriously,” the court observed.
The court further observed that concerted action had been taken to cut and remove the valuable trees from the forest areas, government and Patta lands, “which could not have been done without the connivance and blessings of the high officials of the departments concerned.”
Clear inconsistency
The court pointed out that even though in the statement filed by the State, it was stated that investigation was being carried out into the cutting and removal of trees from the forest areas, Patta lands, and government properties, going through the details furnished in the additional statement it was seen that the investigation was being done to find out the real culprits, who were involved in the cutting and removal of trees only from the Patta lands. Therefore, there was a clear inconsistency “on a bare comparison of the statement and additional statement filed on behalf of the State.”
The court made it clear that this judgment would not prevent any member of the public from approaching the High Court with authentic materials, at a later point of time, if the investigation was not taken forward in the right direction.
The court also ordered that the report submitted by the SIT before the court shall be kept in a sealed cover, in the safe custody of the Registrar General, till further orders.
