Govt officials on duty booked u/s 9/51 of Wild Life Protection Act, 1972
2 years ago
Some people within the Town municipal board had bamboo groves which was inhabited by migratory Cattle egrets(Schedule 4 animal) the nearby residents complained about the unhygienic conditions and noise pollution created by them and as such the Town municipal board filed an application to the D.C and forest officials way back in 2019 but in the meantime pandemic ensued and the forest officials did nothing ,but in the month of June the local MCLA pressurized the executive officer (APSC) upon public demand & he in turn made an order to clear the bamboo grove by deputing one Junior engineer by written order. The J.E upon order went to the spot in official vehicle along with two contractual labourers, the labourers cut the bamboos and as a result adult birds flew away and the young one fell onto the heap of leaves below subsequently the young birds were taken to nearby national park for rehabilitation
Now all of them viz. Executive officer, J.E, driver, labourers are booked u/s section 9/51 of WL(P) act 1972
Will the J.E get bail as he was just executing an order and he did not anything but stand there and supervise
Normally the J E will get bail as he was just execution the order.
51. Penalties.—(1) Any person who 1
[contravenes any provision of this Act 2
[(except Chapter VA
and section 38J)]] or any rule or order made thereunder or who commits a breach of any of the conditions
of any licence or permit granted under this Act, shall be guilty of an offence against this Act, and shall, on
conviction, be punishable with imprisonment for a term which may extend to 3
[three years], or with fine
which may extend to 4
[twenty-five thousand rupees], or with both:
5
[Provided that where the offence committed is in relation to any animal specified in Schedule I or
Part II of Schedule II or meat of any such animal or animal article, trophy or uncured trophy derived from
such animal or where the offence relates to hunting in a sanctuary or a National Park or altering the
boundaries of a sanctuary or a National Park, such offence shall be punishable with imprisonment for a
term which shall not be less than three years but may extend to seven years and also with fine which shall
not be less than ten thousand rupees:
Provided further that in the case of a second or subsequent offence of the nature mentioned in this
sub-section, the term of the imprisonment shall not be less than three years but may extend to seven years
and also with fine which shall not be less than twenty-five thousand rupees.]
Even though the J.E. and other workers were just following and executing orders given to them, their liability under the law will not be absolved. They will be tried as per the law. Even the officers who gave them such orders will also be prosecuted under the relevant provisions of law.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Everyone regardless of their position will be tried as per the law. No one is exempted. Not only the J.E. but also all the superior officers who had commanded him to take such steps would be tried as per the law.
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A.Regardless of under whose order he has acted he has committed the crime under the Section 9 and 51 of Wild Life Protection Act, 1972 and hence there will be case against him and he will be tried as per the law. In fact not only him but also his superior who ordered him to so should also be called for trial.
Section 9 in The Wild Life (Protection) Act, 1972
1[9. Prohibition of hunting.—No person shall hunt any wild animal specified in Schedules I, II, III and IV except as provided under section 11 and section 12.]
Section 51 in The Wild Life (Protection) Act, 1972
51. Penalties.—
(1) Any person who 1[contravenes any provision of this Act 2[(except Chapter VA and section 38J)] or any rule or order made thereunder or who commits a breach of any of the conditions of any licence or permit granted under this Act, shall be guilty of an offence against this Act, and shall, on conviction, be punishable with imprisonment for a term which may extend to 3[three years] or with fine which may extend to 4[twenty-five thousand rupees] or with both: 5[Provided that where the offence committed is in relation to any animal specified in Schedule I or Part II of Schedule II or meat of any such animal or animal article, trophy or uncured trophy derived from such animal or where the offence relates to hunting in a sanctuary or a National Park or altering the boundaries of a sanctuary or a National Park, such offence shall be punishable with imprisonment for a term which shall not be less than three years but may extend to seven years and also with fine which shall not be less than ten thousand rupees: Provided further that in the case of a second or subsequent offence of the nature mentioned in this sub-section, the term of imprisonment shall not be less than three years but may extend to seven years and also with fine which shall not be less than twenty-five thousand rupees.] 6[(1A) Any person who contravenes any provisions of Chapter VA, shall be punishable with imprisonment for a term which shall not be less than 7[three years] but which may extend to seven years and also with fine which shall not be less than 8[ten thousand rupees].] 9[(1B) Any person who contravenes the provisions of section 38J shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both: Provided that in the case of a second or subsequent offence the term of imprisonment may extend to one year, or with fine which may extend to five thousand rupees.] 10[(1C) Any person, who commits an offence in relation to the core area of a tiger reserve or where the offence relate to hunting in the tiger reserve or altering the boundaries of the tiger reserve, such offence shall be punishable on first conviction with imprisonment for a term which shall not be less than three years but may extend to seven years, and also with fine which shall not be less than fifty thousand rupees but may extend to two lakh rupees; and in the event of a second or subsequent conviction with imprisonment for a term of not less than seven years and also with fine which shall not be less than five lakh rupees but may extend to fifty lakh rupees.
(1D) Whoever abets any offence punishable under sub-section (1C) shall, if the act abetted is committed in consequence of the abetment, be punishable with the punishment provided for that offence.]
(2) When any person is convicted of an offence against this Act, the court trying the offence may order that any captive animal, wild animal, animal article, trophy, 11[uncured trophy, meat, ivory imported into India or an article made from such ivory, any specified plant, or part or derivative thereof] in respect of which the offence has been committed, and any trap, tool, vehicle, vessel or weapon, used in the commission of the said offence be forfeited to the State Government and that any licence or permit, held by such person under the provisions of this Act, be cancelled.
(3) Such cancellation of licence or permit or such forfeiture shall be in addition to any other punishment that may be awarded for such offence.
(4) Where any person is convicted of an offence against this Act, the court may direct that the licence, if any, granted to such person under the Arms Act, 1959 (54 of 1954), for possession of any arm with which an offence against this Act has been committed, shall be cancelled and that such person shall not be eligible for a licence under the Arms Act, 1959 (54 of 1959), for a period of five years from the date of conviction. 12[(5) Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (2 of 1974) or in the Probation of Offenders Act, 1958 (20 of 1958) shall apply to a person convicted of an offence with respect to hunting in a sanctuary or a National Park or of an offence against any provision of Chapter VA unless such person is under eighteen years of age.]
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