Asghar guilty of unauthorized T1 killing: State panel report
Vijay Pinjarkar | TNN | Feb 9, 2019, 03:12 IST
Nagpur: Even as the Forest Development Corporation of Maharashtra (FDCM) has given a clean chit to Hyderabad-based sharpshooter Asghar Ali Khan, report of the state committee, copy of which is with TOI, has prima facie found him guilty of unauthorized shooting and killing of Pandharkawda tigress T1 aka Avni.
“It is clear that Asghar Ali Khan is prima facie guilty of unauthorized shooting and killing of T1. He appears to have clandestinely removed the weapons as well as scheduled drugs used in the operation to Hyderabad without informing the authorities. This opens the possibility of such important evidence being tampered with. Therefore, appropriate cases should be immediately registered against Asghar Ali Khan under the Wildlife (Protection) Act, 1972, by the forest authorities and under Arms Act, 1959, and the Narcotic Drugs and Psychotropic Substances Act, 1985, by the police authorities,” the report states in its recommendations.
“These investigations should also examine the role and culpability of Shafath Ali Khan and other members of the private team of hunters, who were involved in these operations,” the report further states.
Surprisingly, the PCCF (wildlife) office kept the report, which was submitted on December 5, 2018, under wraps for over two months and was not even shared under RTI queries by a dozen wildlife lovers including an MLA.
The six-member state committee consisted of PCCF SH Patil (chairman), then APCCF and now PCCF (wildlife) Nitin Kakodkar (member-secretary), wildlife experts K Ullas Karanth (co-chairman), Bilal Habib, Parag Nigam and Anish Andheria. The terms of reference of the panel included to find out efforts made to tranquillize and capture T1, to find out exigencies that arose on November 2 when T1 was shot, analysis of implementation of National Tiger Conservation Authority (NTCA) guidelines, and examining if all rules/guidelines were followed.
When pointed out, FDCM managing director Dr N Rambabu said, “The investigating officer, who gave the clean chit to Asghar, is not the final authority. The state report is with the government which will take a final call after consulting law and judiciary department.”
The state report has also called for revising NTCA guidelines/ standard operating procedures (SOPs) related to problem tigers for decision-making. “In the present form, these SOPs need to be revised to make them helpful for the chief wildlife warden in issuing more precise, clear-cut and prescriptive orders, based on substantial powers he already enjoys under the WPA Act, 1972,” the report states.
The report also asked the state to formulate, in consultation with experts, its own set of guidelines for managing tigers that are a threat to humans. These guidelines should be practical to implement under field conditions. It has also questioned Asghar and his team’s self-defence theory. It says the team dragged the tigress off the road, covered it with a bedsheet and waited for the support teams to arrive even before spot panchnama was carried out.
“From the story narrated by the team, at least 45 minutes had passed since the time T1 was shot and when the team moved the tigress. It is difficult to understand why did they wait for such a long time to drag the dead tigress off the main road if they truly feared that villagers will start gathering,” says the report.
The report says on inquiring about the reasons, Asghar could not provide satisfactory answers. “It appears that the decision of interpreting the sideways movement of the tigress, allegedly after the dart hit her, was the personal judgement of an inexperienced person rather than of someone who has darted tigers and knows how they react to such prick of darting.”
Additionally, the committee members observed that the alleged sequence of events — right from the sighting of the tigress, darting and shooting — raises serious questions about claims made by Asghar and team members that led to shooting of the T1.
The committee was extremely surprised when Asghar said he does not remember which of the two guns he was carrying was used to shoot the tiger, with the other one resting on his lap. He also could not remember the specification of the two weapons in terms of their make/type other than that they were non-prohibited bore weapons. He also stated that tranquillizing gun (that belonged to his NGO) was used by Mukhbir Sheikh in the alleged darting.
Further, Asghar’s explanation as to why the ejected empty cartridge was not collected and deposited with the forest department in immediate minutes after the tigress was allegedly darted and then shot, was not at all convincing. It is difficult to understand how the empty cartridge, which would have identified the weapon and used in ballistic tests was so carelessly ‘lost’ within minutes after the tiger was shot and five people on the scene looking for it, says the report.
“The fact that neither the firearms nor the tranquillizing projector with the unused second dart in it containing 3ml of drug was deposited with the forest department despite repeated official requests and reminders, raises serious doubts about the motives of Asghar and Shafath Ali Khan, who own these weapons,” the report stated.
What State Report Says
* Considering weight of all findings, the committee strongly and unanimously opines that protection sought by Asghar Ali Khan for hunting T1 under self-defence or defence of other persons is not applicable in this case
* Asghar’s action should be investigated under WPA 1972, Arms Act 1959 & NDPS Act 1985 following all due procedures
* Probe whether the Khan’s weapons and ammunition have been legally brought into India, whether said weapons have been modified in violation of the Arms Act, 1959
* Probe whether the identification number of the weapons has been tampered with
* Whether the individuals have been permitted to possess night vision scopes or devices legally
* Establish one or more specialized wild animal damage control unit(s) with sufficient mobility, equipment, resources and authority
* Avoid private hunters and unauthorized persons involving themselves in such critical and sensitive operations
* Local village youth, adequately interested and sensitized, should be identified to form vital link between the department and communities
“It is clear that Asghar Ali Khan is prima facie guilty of unauthorized shooting and killing of T1. He appears to have clandestinely removed the weapons as well as scheduled drugs used in the operation to Hyderabad without informing the authorities. This opens the possibility of such important evidence being tampered with. Therefore, appropriate cases should be immediately registered against Asghar Ali Khan under the Wildlife (Protection) Act, 1972, by the forest authorities and under Arms Act, 1959, and the Narcotic Drugs and Psychotropic Substances Act, 1985, by the police authorities,” the report states in its recommendations.
“These investigations should also examine the role and culpability of Shafath Ali Khan and other members of the private team of hunters, who were involved in these operations,” the report further states.
Surprisingly, the PCCF (wildlife) office kept the report, which was submitted on December 5, 2018, under wraps for over two months and was not even shared under RTI queries by a dozen wildlife lovers including an MLA.
The six-member state committee consisted of PCCF SH Patil (chairman), then APCCF and now PCCF (wildlife) Nitin Kakodkar (member-secretary), wildlife experts K Ullas Karanth (co-chairman), Bilal Habib, Parag Nigam and Anish Andheria. The terms of reference of the panel included to find out efforts made to tranquillize and capture T1, to find out exigencies that arose on November 2 when T1 was shot, analysis of implementation of National Tiger Conservation Authority (NTCA) guidelines, and examining if all rules/guidelines were followed.
When pointed out, FDCM managing director Dr N Rambabu said, “The investigating officer, who gave the clean chit to Asghar, is not the final authority. The state report is with the government which will take a final call after consulting law and judiciary department.”
The state report has also called for revising NTCA guidelines/ standard operating procedures (SOPs) related to problem tigers for decision-making. “In the present form, these SOPs need to be revised to make them helpful for the chief wildlife warden in issuing more precise, clear-cut and prescriptive orders, based on substantial powers he already enjoys under the WPA Act, 1972,” the report states.
The report also asked the state to formulate, in consultation with experts, its own set of guidelines for managing tigers that are a threat to humans. These guidelines should be practical to implement under field conditions. It has also questioned Asghar and his team’s self-defence theory. It says the team dragged the tigress off the road, covered it with a bedsheet and waited for the support teams to arrive even before spot panchnama was carried out.
“From the story narrated by the team, at least 45 minutes had passed since the time T1 was shot and when the team moved the tigress. It is difficult to understand why did they wait for such a long time to drag the dead tigress off the main road if they truly feared that villagers will start gathering,” says the report.
The report says on inquiring about the reasons, Asghar could not provide satisfactory answers. “It appears that the decision of interpreting the sideways movement of the tigress, allegedly after the dart hit her, was the personal judgement of an inexperienced person rather than of someone who has darted tigers and knows how they react to such prick of darting.”
Additionally, the committee members observed that the alleged sequence of events — right from the sighting of the tigress, darting and shooting — raises serious questions about claims made by Asghar and team members that led to shooting of the T1.
The committee was extremely surprised when Asghar said he does not remember which of the two guns he was carrying was used to shoot the tiger, with the other one resting on his lap. He also could not remember the specification of the two weapons in terms of their make/type other than that they were non-prohibited bore weapons. He also stated that tranquillizing gun (that belonged to his NGO) was used by Mukhbir Sheikh in the alleged darting.
Further, Asghar’s explanation as to why the ejected empty cartridge was not collected and deposited with the forest department in immediate minutes after the tigress was allegedly darted and then shot, was not at all convincing. It is difficult to understand how the empty cartridge, which would have identified the weapon and used in ballistic tests was so carelessly ‘lost’ within minutes after the tiger was shot and five people on the scene looking for it, says the report.
“The fact that neither the firearms nor the tranquillizing projector with the unused second dart in it containing 3ml of drug was deposited with the forest department despite repeated official requests and reminders, raises serious doubts about the motives of Asghar and Shafath Ali Khan, who own these weapons,” the report stated.
What State Report Says
* Considering weight of all findings, the committee strongly and unanimously opines that protection sought by Asghar Ali Khan for hunting T1 under self-defence or defence of other persons is not applicable in this case
* Asghar’s action should be investigated under WPA 1972, Arms Act 1959 & NDPS Act 1985 following all due procedures
* Probe whether the Khan’s weapons and ammunition have been legally brought into India, whether said weapons have been modified in violation of the Arms Act, 1959
* Probe whether the identification number of the weapons has been tampered with
* Whether the individuals have been permitted to possess night vision scopes or devices legally
* Establish one or more specialized wild animal damage control unit(s) with sufficient mobility, equipment, resources and authority
* Avoid private hunters and unauthorized persons involving themselves in such critical and sensitive operations
* Local village youth, adequately interested and sensitized, should be identified to form vital link between the department and communities
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