Top court stays HC order quashing CBI probe against Corbett official
New Delhi, Oct. 16 -- The Supreme Court on Wednesday stayed an order of the Uttarakhand high court scrapping the ongoing CBI probe against a senior bureaucrat in the case related to irregularities in the Corbett tiger safari project that is being monitored by the top court.
The high court on October 14, stayed the order passed by the state government last month granting sanction for prosecution of the officer , Chief Conservator of Forests (CCF) Rahul (he uses only one name). The sanction was granted after the top court pulled up the state for showing special treatment to the officer who was made the director of Rajaji tiger reserve despite being on suspension for his role in alleged irregularities related to tree felling and unauthorised construction when he was director of Corbett tiger reserve.
Staying the high court order, the bench headed by Chief Justice of India (CJI) Bhushan R Gavai said judicial propriety demanded that the high court should have "stayed its hands" as the CBI probe was being monitored by the top court.
The court summoned Rahul to appear before the court on November 11 to explain why contempt of court proceedings should not be initiated against him for bypassing the top court despite having knowledge about the pending proceedings.
The bench, also said, "We are deeply perturbed by the approach of the officer Rahul as well as the high court of Uttarakhand."
Taking exception to the officer's conduct, the order said, "In teeth of the sanction being granted pursuant to order of this court, challenging the sanction virtually amounts to interference with the present proceedings."
This was the same officer who, while on suspension in August 2024, was sought to be made the Director of Rajaji tiger reserve. The top court intervened after noticing that the file was cleared by the chief minister despite objections made by the forest minister and other high ranking officials in the department.
On September 8, when the court was informed that Rahul was the only officer against whom the state denied sanction, it remarked, "It is clear you are trying to protect this officer.This officer appears to be very special to you."
The court was informed about the recent high court order by senior advocate K Parmeshwar assisting the court as amicus curiae. On being told that the high court was apprised of the pending proceedings in the top court, the bench said, "Certainly high court is a constitutional court. However, in judicial matters, when the Supreme Court is seized of the matter, the high court is expected to stay their hands away. The high court does not consider it necessary to refer to the proceedings in this court."
The court took up the matter while hearing an application filed by advocate Gaurav Kumar Bansal who pointed out illegal felling of about 3,000 trees at Corbett without the requisite permissions and the construction of permanent structures in violation of the Wildlife Conservation Act and Forest Conservation Act. In March 2024, the top court directed departmental proceedings against the delinquent officials and affirmed a 2023 order of the Uttarakhand high court directing a CBI probe into the larger conspiracy.
Senior advocate Tanveer Ahmed Mir appearing for the officer told the court that the officer is not a party in the proceedings going on before the top court. However, on September 16 when the state granted sanction after the court's rebuke, he was left with no remedy other than approaching the high court for protection. He told the court that on an earlier occasion, the state government rejected sanction and only on court's oral observation, the decision was reversed."It was all the more reason for you to approach this court and seek a clarification. The consequences will now be harder for you as you watched the proceedings, did not intervene and instead went to the high court," the court remarked....
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