Massive Illegal Tree Felling Case: Kerala High Court Orders Expeditious SIT Probe, Refuses To Transfer Investigation To CBI

The Kerala High Court on Wednesday declined to order a CBI probe into the massive illegal tree felling case in the State, while directing the present Special Investigation Team of the Crime Branch to complete the investigation expeditiously. 

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly ordered that Crime Branch should also investigate the tree felling occurring in government and forest lands apart from the concerted action behind the matter.

A Public Interest Litigation was filed by a social worker, seeking a direction upon the State to hand over the investigation, being conducted under the Additional Director General of Police of Crime Branch Special Investigation Team, to the Director of Central Bureau of Investigation. 

Contentions Raised:

The petitioner assailed the authenticity, veracity and the real intention in issuing G.O dated 24.10.2020, on the verge of Legislative Assembly election, permitting to cut and remove scheduled trees under the pretext of helping the agriculturists. 

Even if the said Order was found to be valid, the petitioner argued that the Order permitted cutting of trees only in Patta land, while large quantities of timbers were removed by the respondents from the vested forest and puramboke lands from various parts of the State.

In his plea, he had highlighted the abuse of power for corruption by the Ministers for Revenue and Forest, Government Secretariat respectively. 

The State had constituted a Special Investigation Team to conduct an enquiry into the large scale felling of timber trees throughout the State.

Advocate Joy George appearing for the petitioner contended that the SIT was incompetent and totally defective for lack of authority, limitation of enquiry to high ups and the limited sphere of investigation into the subject matter. 

He asserted that there was no meaning in conducting an enquiry under the leadership of the Crime Branch since the said team was purely under the jurisdiction of the State Government.

It was pointed out that the offences not only resulted in the loss of crores of rupees to the public exchequer but affected the ecosystem detrimentally as well.

 Although large scale timber was cut and removed from various parts of the State, a majority of the timbers was yet to be seized by the authorities. The petitioner urged effective and emergent action was necessary to find out the remaining timbers from the various parts of the country before destroying the evidence.

Following the grave allegations raised by the petitioner, the respondents submitted a statement. However, it was alleged that the statement was silent regarding the felling of trees in puramboke lands and vested forest, as well as the issue of the accused after their arrest.  It provided details only about the cutting of trees in the assigned lands. 

The Court thereby directed the SIT to submit a report regarding the investigation carried out in the subject issue in a sealed cover. 

In that report, it was clarified that a crime was registered in the Crime Branch Police Station regarding the illegal felling and theft of protected trees like rosewood and teak from the forest and Government properties in various districts of Kerala. 

The report also disclosed that a State-wide control room was opened in the Crime Branch office, Thrissur, for receiving information from the general public regarding cutting and removal of specified trees, and official email ID and phone numbers were published for the said purpose. 

It was also revealed in the report that several cases were registered under the provisions of the Kerala Forest Act, 1961, Kerala Forest (Preservation, Reproduction & Disposal of Trees & Timber Belonging to Government but Grown on Land in the Occupation of Private Persons) Rules, 1975, Kerala Forest Produce Transit Rules, 1975, Kerala (Prohibition of Felling of Trees Standing on Land Temporarily or Permanently Assigned) Rules, 1995, Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005, and various other statutes.

Further, the SIT report submitted that a total of 56 persons were arrested in the matter so far. 

Observations of the Court

Upon examining the documents and hearing the arguments, the Court found that although the State submitted that they were investigating into cutting and removal of trees on the forest areas, patta lands and Government properties, it was evident from the details furnished in the additional statement that the investigation was limited to the felling of trees only from the patta lands.

Therefore, it was observed that there is a clear inconsistency remaining on a bare comparison of the statement and additional statement filed on behalf of the State.

"...a Special Investigation Team is constituted for the purpose of investigating the incidents of cutting and removal of valuable trees from the forests, Government and patta lands. Therefore, SIT has to conduct investigation not only in regard to the trees which were cut and removed from the patta lands, but also from the Government as well as forest lands." 

The Court however noted that the investigation was only at the preliminary stage at present. 

It was submitted by the Advocate General that during the course of investigation, if it is found that any Government officials are involved in the issue, without any hesitation, those persons will be brought under the investigation and appropriate action will be taken against them, irrespective of their status in the society. 

The Court also added that considering the gravity of the offences, it was certain that the State will have to take the matter seriously. 

"...we are of the considered opinion that the subject issue is a serious matter relating to the removal of valuable public property from the forest area, Government, and patta lands. Therefore, no manner of leniency or laxity can be shown to these types of matters." 

Similarly, it was also declared as such:

"The Special Investigation Team has to necessarily carry out the investigation, bearing in mind the seriousness of the issue of cutting and removal of valuable trees like teak, timber, rosewood and ebony from the forest, Government, and patta lands, and the investigation shall not be saddled only with regard to the trees cut and removed from the patta lands."

The Bench ordered that if anybody, howsoever high he is, is found to be involved in the illegal cutting and removal of trees, adequate and stringent action shall be initiated by the Special Investigation Team at the earliest possible. 

Taking into account the facts, material and law, the Court took the view that there are no reasons at this point of time to change the investigating agency as prayed for.

However, the SIT was directed to investigate into all the aspects involved in the subject issue from all angles, for which it is constituted, without fail, and at the earliest, to protect the interest of the State and the public at large. 

The SIT was further ordered to conduct the investigation bearing in mind that the State as the trustee of the public property, has to zealously safeguard the larger interest of the public, and thus, to send a message, to avoid such situations in future.

The Court also made it clear that this judgment would not prevent any member of the public from approaching the Court with authentic materials, at a later point of time, if the investigation is not taken forward in the right direction.

Case Title: George Vattukulam v. State of Kerala & Ors

Click Here To Read The Order