13 Oct 2023  |   06:59am IST

Forest Dept seeks AG’s opinion on HC order to declare Mhadei Sanctuary as Tiger Reserve

Confirming the development, Advocate General Devidas Pangam says will go through the file and send his opinion most likely by Monday

Team Herald

PANJIM: In a latest development, the Forest Department has sent the file to Advocate General Devidas Pangam seeking his opinion on the High Court’s order to declare Mhadei Wildlife Sanctuary as Tiger Reserve within three months, the period of which ends on October 24.

Speaking to O Heraldo, Advocate General Devidas Pangam confirmed the development and said that he would go through the file and send his opinion most likely by Monday.

The High Court of Bombay at Goa on July 24, 2023, had directed the State government to notify the Mhadei Wildlife Sanctuary and other areas referred to in National Tiger Conservation Authority (NTCA)’s communications as a Tiger Reserve under Section 38-V (1) of the Wild Life Protection Act (WLPA) within three months from the date of the order.

The High Court had pointed out that the State of Goa has defied Supreme Court timelines and directives to settle the rights of forest dwellers and used this delay as an excuse for not notifying the Tiger Reserve. The Court had also directed the State government to take all steps to prepare a tiger conservation plan as contemplated by Section 38-V (3) of the WLPA.

However, the State government filed a special leave petition (SLP) before the Supreme Court of India challenging the order of the High Court of Bombay at Goa directing the State to notify the Mhadei Wildlife Sanctuary and other surrounding areas as Tiger Reserve within three months from the date of the order.

The Apex Court did not stay the High Court order but issued notices to the respondents and posted the matter for hearing on November 10.

OPINION

Does the govt need to ask whether High Court orders have to be obeyed?

Contempt of court orders can send violators to jail. Doesn’t a govt know that?

This is a shocking case of the government asking its top law officer if a High Court order had to be implemented. And that too barely 10-odd days ahead of a three-month deadline to notify the Mhadei forest corridors as a Tiger Reserve.

While the government had moved the Apex Court against the order, there's no directive from the top court to either quash the High Court order delivered by the bench of Justices Sonak and Deshpande or keep it in abeyance. 

Doesn’t the government know that refusing to implement a court order is tantamount to contempt and Courts have powers to even send such violators to jail.

For a government to officially ask “what to do” is an embarrassment for the State and a very worrying signal.