The Supreme Court on Wednesday stayed a Uttarakhand High Court order that had cancelled the ongoing CBI probe against a senior bureaucrat in the Corbett Tiger Safari irregularities case. The case is being directly monitored by the top court.
The high court, on October 14, had stayed the state government’s order granting sanction for prosecution of Chief Conservator of Forests (CCF) Rahul, who uses only one name. The sanction was issued last month after the Supreme Court pulled up the state for giving him special treatment.
Despite being under suspension for his alleged role in illegal tree felling and unauthorised construction during his tenure as Corbett Tiger Reserve Director, Rahul was later appointed as Director of Rajaji Tiger Reserve.
Staying the high court’s decision, a bench led by Chief Justice of India Bhushan R. Gavai said judicial propriety required the high court to “stay its hands” since the CBI investigation was already being monitored by the Supreme Court.
The court directed Rahul to appear before it on November 11 and explain why contempt proceedings should not be initiated against him for bypassing the top court despite being aware of the ongoing case.
The bench, also comprising Justice K Vinod Chandran, said, “We are deeply perturbed by the approach of the officer Rahul as well as the high court of Uttarakhand.”
Taking serious note of the officer’s conduct, the order stated, “In teeth of the sanction being granted pursuant to order of this court, challenging the sanction virtually amounts to interference with the present proceedings.”
Rahul, while still under suspension in August 2024, was proposed to be made Director of Rajaji Tiger Reserve. The top court intervened after learning that the chief minister had cleared the file despite objections from the forest minister and senior department officials.
On September 8, when the court was told that Rahul was the only officer against whom the state denied sanction, it remarked, “It is clear you are trying to protect this officer…This officer appears to be very special to you.”
The Supreme Court was informed of the high court’s order by senior advocate K. Parmeshwar, who is assisting the court as amicus curiae. On being told that the high court was apprised of the pending proceedings in the Supreme Court, the bench said, “Certainly high court is a constitutional court. However, in judicial matters, when the Supreme Court is seized of the matter, the high court is expected to stay their hands away. The high court does not consider it necessary to refer to the proceedings in this court.”
The court was hearing an application filed by advocate Gaurav Kumar Bansal, who highlighted illegal felling of around 3,000 trees in Corbett without required permissions, and construction of permanent structures violating the Wildlife Conservation Act and Forest Conservation Act.
In March 2024, the Supreme Court had ordered departmental action against erring officials and upheld a 2023 high court directive for a CBI investigation into the larger conspiracy.
Senior advocate Tanveer Ahmed Mir, appearing for Rahul, told the court that the officer was not a party to the top court proceedings. He said that after the state government granted sanction on September 16 following the court’s criticism, Rahul had no option but to approach the high court for relief. He added that the state had earlier rejected sanction and reversed its decision only after the Supreme Court’s oral observation.
The bench replied, “It was all the more reason for you to approach this court and seek a clarification. The consequences will now be harder for you as you watched the proceedings, did not intervene and instead went to the high court.”
The Supreme Court directed its registry to communicate the order to Rahul. It stated that the high court’s October 14 order would remain stayed until the next hearing. “We issue notice to Rahul, CCF (IT) directing him to remain present on November 11 and show cause why action under contempt of court be not initiated against him, the bench said.
A total of eight officials were named in the CBI’s report, with Rahul, the then Director of Corbett Tiger Reserve, being the highest-ranking officer among them.
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