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SC slams Uttarakhand bid to ‘protect’ Corbett tiger reserve director
The top court had directed a CBI probe in March last year into the illegalities committed with regard to felling of trees and illegal construction at Corbett without seeking formal approvals.
The Supreme Court on Monday pulled up the Uttarakhand government for denying sanction to prosecute former Corbett tiger reserve director for illegalities in the tiger safari project at Corbett warning that the state chief secretary will have to remain present in court if the state fails to come clear on its decision by next week.
The top court had directed a probe by the Central Bureau of Investigation (CBI) in March last year into the illegalities committed with regard to felling of trees and illegal construction at Corbett without seeking formal approvals. A total of eight officials were named by CBI of which the highest ranking official was the then Corbett tiger reserve director Rahul (goes by one name). Besides him, two other officials of Indian Forest Service (IFS) were named - then divisional forest officers (DFO) Akhilesh Tiwari and Kishan Chand.
While the state granted sanction to CBI for prosecuting the DFOs last month, with regard to Rahul, the state took a decision on August 4 conveying to CBI, “In view of the fact that in consultation with the Legal Department there was no basis for granting sanction for prosecution, it has been decided by the competent authority not to grant sanction for prosecution.”
“It is clear you are trying to protect this officer,” said a bench headed by Chief Justice of India (CJI) Bhushan R Gavai. Issuing an order, the bench, also comprising justices K Vinod Chandran and AS Chandurkar said, “You come clear on this decision by September 17, or else you are in big trouble. Let the highest authority in the state know that if somebody is trying to protect this officer, he shall not be dealt with a light hand.”
Senior advocate K Parmeshwar assisting the court as amicus curiae pointed out that this officer was posted as director of Rajaji tiger reserve at a time when he was facing probe into serious irregularities committed during his role as Corbett director. It was in September last year, the state’s decision to appoint Rahul as director of Rajaji reserve earned the court’s ire following which his appointment was withdrawn. Parmeshwar said that he was appointed by the chief minister Pushkar Singh Dhami despite objections flagged by the state forest minister and chief secretary.
“This officer appears to be very special to you…Despite his serious involvement in Corbett, you made him Director of Rajaji reserve,” the bench said. It further added, “In spite of the forest minister bringing this to the notice of authorities that he should not be posted, he was still given the position. If somebody is trying to shield him, we will not be shy in getting your highest person to this court. Let your chief secretary be present.”
The court further noted that even the disciplinary proceedings against Rahul were held up despite an order passed by the top court in March this year directing in-house enquiry to be completed in three months.
Advocate Abhishek Attrey appearing for the state filed an affidavit showing the latest status regarding the enquiry and CBI sanction giving indication that in light of CBI enquiry report, a fresh charge sheet was served on Rahul in July this year.
As CBI unearthed financial irregularities against the former Corbett director, the state affidavit said, “Due to other points related to financial irregularities also being visible, the charge sheet dated 01 September, 2022 was withdrawn. In supersession of the said order, a fresh charge sheet dated July 2, 2025 has been issued under Rule-8 of the All India Services (Discipline and Appeal) Rules, 1969.”
The state said, “Further proceedings are under consideration,” after it received the officer’s response to the charge sheet on August 11. Attrey informed that enquiry was also pending against DFO Tiwari as well.
Besides Rahul, Chand and Tiwari, the other persons charge-sheeted by CBI include Brij Bihari Sharma, then Forest Range Officer of Sonanadi & Pakhro Range, Mathura Singh Mavdi, then Deputy Ranger, Pakhro Range, Surendra Singh, then Forester/Van Daroga, Pakhro Range, Sandeep Arya, then Forest Guard, Sonanadi Range, and Rajesh Rawat, then Wireless Operator (Daily wages), at Pakhro Range.
In September last year, the top court had forced the state government to rollback Rahul’s posting at Rajaji, as it observed, “Heads of state cannot become like kings” reminding the CM, “We are not in a feudal era.”
The CBI proceeded with investigation of the case following an order of the Uttarakhand high court in September 2023 and on March 6, 2024, the Supreme Court, while allowing the safari to function alongside rescue and rehabilitation centre for injured, conflict animals within the reserve, directed CBI probe into the large-scale destruction caused by chopping of over 3000 trees at the Corbett reserve.
The order of the court came on a petition filed by advocate Gaurav Kumar Bansal who highlighted the unauthorised construction of tourist lodges contrary to the Wild Life Protection Act, 1972 and the Forest Conservation Act.
The CBI has slapped charges of criminal conspiracy, forgery and criminal breach of trust under sections 120-B, 467, 471, 409, among other provisions of Indian Penal Code (IPC), and for corruption under Section 13(2) read with 13(1)(a) of the Prevention and Corruption Act, 1988 besides relevant provisions under other environmental laws.
The expert body central empowered committee (CEC) assisting the court found that the proposal for the felling of trees at the site of Pakhru Tiger Safari was submitted to ministry of environment forests and climate change (MoEFCC) seeking permission to fell only 163 trees for the 106.16 Hectares space approved for establishment of the Tiger Safari.
However, the Forest Survey of India (FSI) later confirmed in its report of October 20, 2022 that an estimated 2,651 trees were felled and another 534 trees for construction of tourist accommodation facilities and water bodies outside the safari.
