Supreme Court halts HC decision to end CBI probe in Corbett case

The Supreme Court on Wednesday stayed a recent Uttarakhand High Court order that had scrapped the ongoing CBI investigation against senior bureaucrat Rahul. The case involves alleged irregularities in the Corbett Tiger Reserve, and the investigation is currently being monitored by the top court.

The high court order, passed on October 14, had stayed the state government’s earlier sanction for prosecuting Rahul. The sanction had been granted after the Supreme Court criticized the state for giving special treatment to the officer. Despite being under suspension for alleged irregularities at Corbett, Rahul was made Director of the Rajaji Tiger Reserve.

The irregularities include illegal tree felling and unauthorized construction during his tenure as Corbett director. The Supreme Court observed that judicial propriety required the high court to “stay its hands” while the CBI probe was under top court supervision.

The bench, led by Chief Justice of India Bhushan R. Gavai and Justice K. Vinod Chandran, expressed concern about both Rahul’s and the high court’s approach. “We are deeply perturbed by the approach of the officer Rahul as well as the high court of Uttarakhand,” the court said.

Officer to appear in court

The Supreme Court summoned Rahul to appear on November 11 to explain why contempt proceedings should not be initiated against him. The court pointed out that Rahul bypassed the top court’s proceedings despite knowing about them. The bench noted, “Challenging the sanction virtually amounts to interference with the present proceedings.”

This is the same officer who, while on suspension in August 2024, was proposed to be made Director of Rajaji Tiger Reserve. The Supreme Court intervened after noticing that the file was cleared by the chief minister, despite objections from the forest minister and other senior officials.

Earlier, on September 8, the top court remarked that Rahul seemed to be given special treatment by the state. The court said, “It is clear you are trying to protect this officer…This officer appears to be very special to you.”

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Senior advocate K. Parmeshwar, assisting the court as amicus curiae, informed the bench about the recent high court order. The Supreme Court criticized the high court for not taking into account ongoing proceedings in the top court. The bench stated, “Certainly high court is a constitutional court. However, in judicial matters, when the Supreme Court is seized of the matter, the high court is expected to stay their hands away.”

Background of the case

The case involves illegal felling of about 3,000 trees in Corbett Tiger Reserve and construction of permanent structures without proper permissions. These actions violated the Wildlife Conservation Act and the Forest Conservation Act. In March 2024, the Supreme Court directed departmental action against delinquent officials and affirmed a 2023 Uttarakhand High Court order that ordered a CBI probe into the larger conspiracy.

Rahul, the then Director of Corbett Tiger Reserve, was the highest-ranking official named in the case. In September, the state government initially denied sanction for prosecution but reversed its decision after the Supreme Court’s rebuke. Rahul’s lawyer argued that he was not a party in the ongoing top court proceedings. However, the Supreme Court said Rahul should have approached the apex court instead of going to the high court for protection.

The court highlighted that Rahul’s actions made the situation more serious. “The consequences will now be harder for you as you watched the proceedings, did not intervene and instead went to the high court,” it said.

The Supreme Court directed its registry to ensure that Rahul received a copy of the order. The top court made it clear that the high court order from October 14 would remain stayed until the next hearing. Rahul must appear on November 11 and explain why contempt of court proceedings should not be initiated against him.

CBI probe continues

A total of eight officials have been named in the CBI investigation, with Rahul being the senior-most officer involved. The top court’s intervention ensures that the investigation will continue despite the high court’s earlier attempt to halt it.

The case highlights the importance of following court orders and maintaining transparency in the management of wildlife reserves. The Supreme Court’s strong response signals that bureaucrats cannot bypass ongoing legal proceedings without consequences.

With the SC staying the high court order, the CBI investigation into Corbett’s alleged irregularities will move forward. Rahul’s actions, along with the state government’s inconsistent decisions, have come under close scrutiny. The next hearing on November 11 will be crucial, as the court will decide whether to initiate contempt proceedings against the officer.