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regular-article-logo Tuesday, 30 April 2024

No criminal proceedings against forest officials for using firearms while on duty: Odisha government

Forest officials across the state went on a strike demanding use of arms and protection to them

Subhashish Mohanty Bhubaneswar Published 10.07.23, 04:56 AM
Representational image.

Representational image. File photo

The Odisha government has decided that no criminal proceedings will be initiated against the forest officials immediately for using firearms while on duty.

Principal chief conservator of forest (wildlife) and chief wildlife warden S.K. Popli told The Telegraph: “Government has been pleased to provide protection to forest officials wherein no court shall take cognisance of any offence alleged to have been committed by them while acting in the discharge of their official duty except with the previous sanction of the government.

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“Further, whenever firing is resorted by them, each such incident will be inquired into by the executive magistrate and only if it is held in the inquiry that the use of a firearm has been unwarranted, excessive and unnecessary, the criminal proceedings against the said forest officials will be initiated on acceptance of such enquiry report by the state government.”

“They will enjoy the immunity under section 197 of the CrPC. According to the 197 CrPC, any offence alleged to have been committed by a public servant while acting or purporting to act in the discharge of his official duty, no court shall take cognisance of such offence except withthe previous sanction,” Popli said.

He added: “We have given firearms to forest officials for long. Now the protection has been provided to them.”

The state government also issued a notification to this effect on Wednesday. The government was forced to take this step as forest officials across the state went on a strike demanding the use of arms and protection to them.

On June 16, a forest official, Mathi Hansda, was shot dead by poachers inside the Simlipal sanctuary in Mayurbhanj district, raising concern about the safety of the forest staff. Since then the forest officials have been demanding immunity in case they resort to the use of firearms.

They demanded that there should not be any legal action against them in case they use it for self-defence.

The government notification states that the immunity shall apply to all the forest guards, foresters, deputy forest range officers, forest range officers, assistant conservators of forests, sub-divisional forest officers, deputy conservator of forest, deputy directors, divisional forest officers, regional chief conservator of forests, field directors and any other forest officers in the state who are charged with the maintenance of public order relating to forest and wildlife protection, conservation and management.

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