Bhubaneswar: Following the recent killing of two forest officials by poachers in Similipal Tiger Reserve (STR), the Odisha government has decided to provide provide immunity to them for firearm use under Section 197 of the Criminal Procedure Code (CrPC).
The move will grant forest field staff of the state protection from arrest and criminal proceedings, unless a magisterial investigation finds the use of firearms was unnecessary, unwarranted and excessive.
Odisha Forest, Environment & Climate Change Department issued a notification in this regard on Wednesday. “The use of firearms in discharge of their mandated duty and responsibility, may expose forest personnel to vexatious criminal proceedings and that there is need to provide them immunity from prosecution without prior sanction,” it said.
The notification further said that any proceedings, including institution of a criminal case of any nature, will be initiate by the police only after a magisterial inquiry. “Whenever firing is resorted to by the forest personnel, each such incident shall be enquired into by an Executive Magistrate of the locality: and any proceedings including institution of a criminal case of any nature and/or effecting an arrest shall be initiated by the Police, only if it is held, as a result of the Magisterial Enquiry that the use of firearms has been unnecessary, unwarranted and excessive and further that such Magisterial Enquiry report has been accepted by the State Government.”
Section-197 of CrPC shall apply to all the Forest Guards. Foresters, Deputy Forest Range Officers, Forest Range Officers, Assistant Conservators of Forests, Sub-Divisional Forest Officers, Deputy Conservators of Forests, Deputy Directors, Divisional Forest Officers, Regional Chief Conservators of Forests, Field Directors and any other Forest Officers responsible for maintenance of public order relating to forest and wildlife protection, conservation and management in the state.
“Previously, immediate action used to be taken against Forest department officials in case of firing, may it be accident, unwanted or in self-defence. Now with this, such incident shall be enquired into by an Executive Magistrate of the locality,” rincipal Chief Conservator of Forests (PCCF), SK Popli told the media.
Forester Mathy Hansda, 45, was shot dead by the poachers inside STR during a confrontation and exchange of fire during patrolling on June 16 night, while forest guard Bimal Kumar Jena, 40, posted at Baunsakhala beat under Pithabata range in the core area of Similipal sanctuary, was gunned down on May 22.
Meanwhile, one platoon police force and around 30 police personnel have been deployed for joint patrolling in the tiger reserve to contain amid a spate of attacks by poachers on frontline staff.
