Gujarat HC Orders Forest Guards to Plant 850 Trees Each

AHMEDABAD: In a striking message that those entrusted with protecting forests cannot escape accountability for destroying them, the Gujarat High Court has granted bail to two forest guards accused in the illegal felling of 1,690 trees in Rajsthali Beat of the Palitana Forest Range, but attached an unusual environmental condition to their release.

The court directed forest guards Karshan Gohil and Kalpesh Dabhi to plant 850 trees each, or 1,700 trees collectively, at their own expense within 15 days of their release. They will also have to maintain the saplings for three consecutive years.

The case relates to allegations that the two guards, who were responsible for protecting the forest, colluded with a timber contractor and accepted an alleged benefit of Rs 25,000 to facilitate the illegal cutting of 1,690 large trees. The felling allegedly caused substantial damage to the natural habitat of wildlife.

Following registration of the case under provisions of the Indian Forest Act and Wildlife Protection Act, both guards were suspended by the Forest Department.

Seeking bail, their lawyers argued that the investigation had been completed and a chargesheet filed. Since the seized material was already in custody and the accused had been suspended, the defence contended that there was little possibility of evidence tampering.

The government strongly opposed the plea, arguing that the accused were entrusted with protecting the forest but had allegedly acted as its destroyers.

“Those responsible for protecting the forest have played the role of predators and destroyed the trees. Releasing such accused could send a wrong message,” the government lawyer submitted.

The High Court ultimately granted regular bail on a personal bond of Rs 25,000, but imposed stringent environmental conditions.

The accused must plant 850 trees each in Rajsthali Beat or another designated area within 15 days of release and bear all expenses. The saplings must then be maintained for three years.

The Palitana Range Forest Officer and Deputy Conservator of Forests, Bhavnagar, will monitor the plantation and submit progress reports to the trial court. The accused must also report to the concerned Range Forest Officer once every month for six months.

Importantly, the court made it clear that failure to comply with the plantation or maintenance conditions would result in automatic cancellation of bail.

During the hearing, the court drew attention to the importance of preserving existing trees, referring to construction work at the High Court premises where 20 trees are to be uprooted and replanted because suitable machinery was unavailable.

The court’s observation underscored the stark contrast: “The construction work has been stopped because machinery is not available to relocate 20 trees, but you have cut down 1,690 trees.”