HC asks registry to decide if plea on Avni killing is PIL
Vaibhav Ganjapure | tnn | Jan 16, 2019, 03:50 ISTNagpur: The high court here on Tuesday directed its registry to decide whether the new criminal petition regarding death of problem tigress T1 from Pandharkawda, also called Avni, should be treated as Public Interest Litigation (PIL).
A division bench of Justices Sunil Shukre and Shreeram Modak then adjourned the hearing of plea (No 1218/2018) filed by Earth Brigade Foundation by two weeks without issuing notices to the respondents. TOI on December 26 had reported the petitioner’s move to file new plea through counsel Shreerang Bhandarkar after the tigress was shot.
“Having gone through this petition, we find the issue raised possibly falls in the realm of PIL. The registry is, therefore, requested to examine the issue and need of registering this petition as PIL. Thereafter, it should be placed before the appropriate bench,” the judges said.
Earlier, forest counsel Kartik Shukul informed that similar case was underway at principal bench in Mumbai.
The petitioner prayed for directives to the Maharashtra government and National Tiger Conservation Authority (NTCA) to initiate criminal proceedings against private shooters Shafat Ali Khan and his son Asgar Ali for illegal hunting, tampering with evidence at the crime scene, and dereliction of duties under Section 9 of Wildlife (Protection) Act, 1972, Section 3 of Arms Act, 1959, Section 30 of Narcotic and Psychotropic Substances Act, 1985.
Mumbai NGO demanded constitution of special investigation team (SIT) to probe the illegal killing of man-eater tigress. While pressing for orders for both shooters to submit their guns with the investigation agencies, the petitioner demanded to deploy best of search teams to inform on status of Avni’s cubs and to rescue them without delay. Recently, one of them was rescued by the forest officials while search for the other is on.
State Revenue and Forest Department, principal chief conservator of forests (PCCF), chief and deputy conservators of forests in Yavatmal, veterinary officer Dr BM Kadu, apart from NTCA, Shafat and Asgar Ali, and Shaikh are made respondents in the case.
(With inputs from Bikromjeet Mukherjee)
A division bench of Justices Sunil Shukre and Shreeram Modak then adjourned the hearing of plea (No 1218/2018) filed by Earth Brigade Foundation by two weeks without issuing notices to the respondents. TOI on December 26 had reported the petitioner’s move to file new plea through counsel Shreerang Bhandarkar after the tigress was shot.
“Having gone through this petition, we find the issue raised possibly falls in the realm of PIL. The registry is, therefore, requested to examine the issue and need of registering this petition as PIL. Thereafter, it should be placed before the appropriate bench,” the judges said.
Earlier, forest counsel Kartik Shukul informed that similar case was underway at principal bench in Mumbai.
The petitioner prayed for directives to the Maharashtra government and National Tiger Conservation Authority (NTCA) to initiate criminal proceedings against private shooters Shafat Ali Khan and his son Asgar Ali for illegal hunting, tampering with evidence at the crime scene, and dereliction of duties under Section 9 of Wildlife (Protection) Act, 1972, Section 3 of Arms Act, 1959, Section 30 of Narcotic and Psychotropic Substances Act, 1985.
Mumbai NGO demanded constitution of special investigation team (SIT) to probe the illegal killing of man-eater tigress. While pressing for orders for both shooters to submit their guns with the investigation agencies, the petitioner demanded to deploy best of search teams to inform on status of Avni’s cubs and to rescue them without delay. Recently, one of them was rescued by the forest officials while search for the other is on.
State Revenue and Forest Department, principal chief conservator of forests (PCCF), chief and deputy conservators of forests in Yavatmal, veterinary officer Dr BM Kadu, apart from NTCA, Shafat and Asgar Ali, and Shaikh are made respondents in the case.
(With inputs from Bikromjeet Mukherjee)
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