Assam order seeking deployment of forest protection force for polls suffers from illegality: NGT

“We are of the considered view that the impugned order suffers from patent illegality due to being violative of the mandate under section 36 of the Biological Diversity Act, 2002, sections 3, 10 and 15 of the Assam Forest Protection Force Act, 1986, and also order dated 15.05.2024 passed by the Hon’ble Supreme Court,” the Tribunal stated in its order.

However, it did not dispose of the matter and granted four weeks time to Assam government and senior officials of Assam Forest Department to file responses on the question of deployment of AFPF members for other purposes.

Bansal had sought quashing of the Assam government order on grounds that it was illegal, arbitrary, and contrary to the provisions of the Biological Diversity Act, 2002, and the directions of the Supreme Court on not using forest staff for election purposes. It was argued that the diversion of AFPF personnel from their core duties of forest protection and surveillance heightens the risk of illegal activities, particularly poaching.

The Tribunal noted in its order that even as the AFPF members do not fall within the definition of “forest officers” as per the AFPF Act, their appointment, disbursement of salary and grant of other financial benefits rests with the forest department. As such, it said, they have to be treated to fall within the fold of “forest staff” expression. The order stated that “…restrictions imposed by Hon’ble Supreme Court for non-deployment of the ‘forest staff’ for election duties will be applicable to them”.

It further went on to note that the AFPF, which was constituted for better protection and security of the forests, forest produce and wildlife of Assam, cannot be deployed elsewhere as the same will defeat the very purpose of its constitution of the force. Moreover, it said that past precedent of their deployment for some other purpose cannot justify such deployment, now, or even in the future.

In its March 19 order, the Assam government issued directions to mobilise approximately 1,600 AFPF personnel, requiring them to report to the office of the Additional Director General of Police by April 3. The order was issued by M K Yadava, Special Chief Secretary, Environment, Forest and Climate Change Department and was addressed to the commandants of the AFPF in Basistha and Jakhalabandha.

An award-winning journalist with 14 years of experience, Nikhil Ghanekar is an Assistant Editor with the National Bureau [Government] of The Indian Express in New Delhi. He primarily covers environmental policy matters which involve tracking key decisions and inner workings of the Ministry of Environment, Forest and Climate Change. He also covers the functioning of the National Green Tribunal and writes on the impact of environmental policies on wildlife conservation, forestry issues and climate change. Nikhil joined The Indian Express in 2024. Originally from Mumbai, he has worked in publications such as Tehelka, Hindustan Times, DNA Newspaper, News18 and Indiaspend. In the past 14 years, he has written on a range of subjects such as sports, current affairs, civic issues, city centric environment news, central government policies and politics. ... Read More

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