Kerala - Kochi   

Forest Secretary told to file affidavit on norms

Staff Reporter

HIGH COURTROUND-UP

KOCHI: A Division Bench of the Kerala High Court on Wednesday directed the Secretary, Forest and Wildlife, to file an affidavit regarding the guidelines followed by the officers of the Forest Department in the matter of compounding the offences under the Forest laws.

The Bench comprising Chief Justice Rajiv Gupta and Justice S. Siri Jagan also directed him to state the guidelines being followed while deciding to proceed against offenders in cases filed by the Forest Department.

The court ordered that the statement be filed with three weeks.

The court issued the directives when a writ petition seeking a CBI inquiry into the import of sandalwood came up. The petition was filed by an organisation called, One Earth One Life. The petitioner alleged that the imported Tanzanian wood, which could not yield sandal oil, was being used by private sandal oil factories in the State to account for the sandal oil produced by them from real sandalwood smuggled from the Marayur region in Idukki district.

When asked about the low rate of convictions in Forest cases, the Government pleader submitted that most of the cases were compounded, as the Government was able to rake in big revenue.

He submitted that if the Forest Department decided to further proceed against the offenders, it would most probably end in acquittals. The court was of view that by compounding the offences, the Forest Department was indirectly encouraging the offenders.

Plea for Vigilance probe

A writ petition was filed on Wednesday seeking a directive to the State Government to constitute a special Vigilance team headed by an officer not below the rank of Additional Director General of Police to pursue the investigation into the case relating to keeping adulterated commodities in the Kerala State Civil Supplies Corporation's godowns and retail outlets.

The cases were registered following a raid conducted by the Vigilance on the godowns and retail outlets.

Arrears of maintenance

A Division Bench comprising Justice R. Bhaskaran and Justice K.P. Balachandran held that a Muslim husband was not entitled to resist the claim of maintenance arrears in case there was no evidence to prove that there had been valid divorce under the Mohammedian law.

The Bench made the ruling while dismissing a petition filed by Ummer Farooq of Malappuram against the Family Court order for paying maintenance arrears to his wife. The court said that admission of talaq by himself would not stand in her way of wife claiming maintenance.

Contempt petition

Justice K.A. Abdul Gafoor on Wednesday referred to a Division Bench a contempt petition against the KSRTC Chairman and Managing Director after prima facie finding contempt against him.

According to the petitioner, A. Sinbad, the CMD had appointed Lower Division Clerks on a temporary basis despite a court stay against such appointment under dying in harness scheme.

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