No arrests, no FIRs against forest personnel without prior permission
//Chambal Wildlife Sanctuary
Rajesh Thakur
Bhopal
The field staff of the Forest Department engaged in protecting the forest in Chambal Wildlife Sanctuary has now been accorded legal protection. According to the latest directives from the Director General of Police (DGP), no First Information Report (FIR) will be registered nor will any arrests be carried out against forest guards, foresters, or deputy rangers while they are on duty, without the prior permission of the state government.
Earlier, a few cases were registered against forest personnel while taking action against illegal sand miners, specifically for using firearms. Following these FIRs, the personnel became inactive, giving a freehand to lawbreakers.
According to Police Headquarters (PHQ) orders, this protocol has been clarified through the strict reinforcement of the provisions outlined in the notification dated May 28, 2004. Notably, the Supreme Court has taken suo motu cognizance of matters concerning illegal sand mining and wildlife conservation within the sanctuary.
Following the intervention of the Supreme Court, Pankaj Srivastava, Special DG of the CID, issued directives stating that even during the investigation of a serious crime, establishing concrete grounds and obtaining written permission from a competent authority would be mandatory before arresting any forest personnel. Police units have been explicitly instructed to deviate from standard procedures in cases involving forest staff, exercising sensitivity and strictly adhering to relevant legal provisions.
Furthermore, citing an order dated June 11, 1996, it has been reiterated that forest personnel are authorised to use firearms in self-defence while on duty. If a weapon is used during the discharge of duties, the police cannot register a case immediately. A case can be registered after a magisterial inquiry if it is found that the firearms were used for unnecessary reasons. If not, no case will be registered.
