Apex court calls for stricter approach to tackle daily degradation of wildlife

Observing the everyday degradation of the wildlife ecosystem due to massive urbanisation, the Supreme Court on Thursday, 15 May, said the threat to flora and fauna was "real" and required a strict approach of authorities to bring the guilty to book.

A bench of justices Sudhanshu Dhulia and Ahsanuddin Amanullah, however, said any infringement on the life and liberty of an accused should only be countenanced when the prosecution meets the standard.

"It need not be over-emphasised that in the present times, the area left open to the wildlife ecosystem is diminishing everyday due to massive urbanisation, colonisation, industrialisation and land-use for various commercial purposes, the threat of wild life, flora and fauna, vanishing and even becoming extinct is real and not imaginary," it said.

The bench went on, "Thus, no doubt, a very strict approach is required to be taken by the governments and authorities concerned. If guilt of the accused is established beyond reasonable doubt for any offence under the (Wildlife Protection) Act, the punishment meted out should be appropriate and commensurate to the offence, as laid down in the Act."

The top court's observations came on a plea filed by two accused persons challenging an order of the Bombay High Court which dismissed their revision plea against their conviction in a case of illegal trade of tiger skin and wild animal products.

The apex court also pulled the CBI for its "casual" and "vague" investigation in the matter and said the probe was an open-ended one.

"Going by the prosecution version, huge quantity of banned/illegal animal products having been recovered, it would obviously mean that there would have been a supplier of the seized products, and prospective buyer(s), since the prosecution itself stated that the products were to be handed over to some other person," it noted.

The verdict added, "What we can gather is that the CBI team did not have the patience to wait for the transaction to reach its logical conclusion, as the interception of only the accused took place."

The bench, as a result, underlined the agency "casual" manner in conducting the investigation.

"It is gainsaid that in matters of the like herein, the first and foremost duty is on the investigators, including the responsibility of ensuring full and proper forensic tests as also in-depth investigation which encompassing all possibilities, such that the chain of events from the beginning till the end is complete," the bench said.

The top court upheld and affirmed the convictions but modified by substituting the sentences awarded to the accused with three years’ simple imprisonment and fine of Rs 25,000 to be paid within eight weeks.