Allahabad High Court Halts Trial Proceedings for Eight Accused in 2019 Pilibhit Tigress Killing Case
The Allahabad High Court has issued a significant stay order, halting trial court proceedings against eight individuals from Mataina village in Pilibhit district, Uttar Pradesh. This legal intervention pertains to the high-profile 2019 case involving the brutal killing of an adult tigress near the Deuria forest range.
Background of the Case and Court's Rationale
The bench of Justice Vivek Kumar Singh passed the stay order on March 16, with the certified copy being received by counsel Madhu Ranjan Pandey on Wednesday. The court's decision stems from the fact that while these eight men were named in the initial police FIR, subsequent investigation by law enforcement authorities exonerated them, with no formal charges being brought against them.
These individuals were among 31 named and 12 unidentified accused charged by both police and forest department officials for allegedly beating the tigress to death with long sticks and spears on July 24, 2019. The incident occurred near the Deuria forest range, which falls within the Pilibhit Tiger Reserve, a critical conservation area.
Legal Proceedings and Charges
An FIR was registered on July 25, 2019, under multiple sections of the Indian Penal Code including 147 (rioting), 148 (rioting armed with deadly weapons), 353 (assault or criminal force to deter public servant), and 392 (robbery). Additionally, charges were filed under sections 9/51, 21A, 29, 30, and 31 of the Wildlife Protection Act, 1972. A separate departmental case was also registered at the Deuria forest range under the same wildlife protection legislation.
Both police and forest department officials filed separate chargesheets in the matter, with legal proceedings continuing in the court of the chief judicial magistrate in Pilibhit. However, the High Court noted a critical procedural issue: the magistrate at the trial court took cognisance through an order dated June 30, 2020, without properly considering the police chargesheet that had cleared the eight applicants.
The Applicants and Court's Observations
The eight applicants who challenged the trial court's proceedings include Desh Raj, Baccha Lal, Shiv Nath, Sanjay Kumar, Shri Vijay, Lal Chandra, Heera Lal, and Swaminath Prajapati. According to their counsel Madhu Ranjan Pandey, the trial court summoned these individuals despite their exoneration in the police chargesheet, later issuing non-bailable warrants when they failed to appear.
The High Court's order highlighted another crucial legal argument presented by the defense: "under section 55 of the Wildlife Protection Act, cognisance is barred on the FIR, and the cognisance will be taken by the magistrate on the complaint filed by an authorised person." This technical point raises questions about the proper legal procedure in wildlife protection cases.
Court's Directives and Future Proceedings
In its ruling, the Allahabad High Court has issued notices to forest authorities, directing them to file their counter affidavits within six weeks from the date of the order. The court has scheduled the matter for listing after the assigned time limits have elapsed.
Most significantly, the High Court ordered that until the next hearing date, all further proceedings in the case will remain stayed. This effectively puts the trial on hold while the higher court examines the legal questions raised about proper procedure and the exoneration of the eight applicants during police investigation.
Mataina village, where the applicants reside, falls under the jurisdiction of Puranpur Kotwali police station and is situated along the fringes of the core forest area of Deuria forest range within the Pilibhit Tiger Reserve. This geographical context underscores the ongoing tension between wildlife conservation efforts and local community interactions in sensitive ecological zones.
