Kalpetta: The Judicial First Class Magistrate Court-I, Sulthan Bathery, has returned the charge-sheet submitted by the Forest Department in a case related to the alleged illegal felling and transportation of rosewood in the Muttil tree-felling case, citing the absence of crucial supporting documents, procedural lapses, numerous clerical errors and the failure to properly complete the confiscation proceedings involving the vehicle allegedly used to transport the timber.

The court also pointed out that the Forest Department had failed to provide a proper explanation for the delay in submitting the charge-sheet. The absence of a proper petition seeking condonation of the delay, failure to produce certain supporting documents and shortcomings in the investigation were among the issues noted by the court.

The court further noted that the Forest Department had failed to trace and produce the remnants of the trees cut illegally from forest land, which was considered another deficiency in the investigation.

A carelessly drafted charge-sheet
The court observed that the charge-sheet should have been accompanied by a proper petition seeking condonation of the delay in its submission. The department could have cited the delay in receiving the DNA test results of the trees as one of the reasons for the delay. The department could also have referred to the government direction requiring the Forest Department to submit its charge-sheets in the forest cases only after the police completed and submitted their charge-sheets in the connected criminal cases. Such an explanation, the court observed, could have helped establish the circumstances that led to the delay.

The court also found a series of clerical mistakes and deficiencies in the charge-sheet.

Forest Minister seeks explanation
Forest Minister Shibu Baby John has sought an explanation from the Chief Conservator of Forests, North Zone, over the lapses.

Though Onmanorama contacted South Wayanad DFO Ashique Ali over the phone for his response, he was unavailable for comment.

The DFO had submitted the charge-sheet before the court on September 17, following a prolonged delay. The Augustine brothers had earlier approached the High Court and subsequently the Supreme Court, seeking a halt to the proceedings in a connected cheating case pending before the Chottanikkara court. One of their contentions was that, despite the case having been registered several years ago, the Forest Department had not filed its charge-sheet.

The same DFO had earlier faced criticism over the delay in submitting documents before the High Court in connection with a petition filed by the Augustine brothers challenging the proposed auction of the rosewood seized by the Forest Department. The delay in producing the necessary records was followed by an order staying the auction of the seized timber.

Controversy over handling of the case
The handling of the Muttil tree-felling investigation has faced controversy from the beginning.

During the previous LDF government, then South Wayanad DFO A. Shajna, who had pursued the investigation, was suspended through a midnight order. The order was revoked within hours following strong protests from environmental groups. She was later transferred. Ashique Ali was appointed South Wayanad DFO during the final phase of the previous LDF government's tenure.

Former Forest Minister A K Saseendran had also faced criticism after he was seen accompanying persons accused in the Muttil tree-felling case during a visit to the district.

Three departments, more than 170 cases
The Muttil tree-felling episode has resulted in more than 170 cases being registered by three government departments.

The Forest Department registered 52 cases, with the Augustine brothers named as accused in 43 cases. The police registered 54 cases, while the Revenue Department registered 68 cases in connection with the alleged illegal felling of rosewood. Notices were issued around three years ago to 37 landowners, including the Augustine brothers, directing them to remit a total penalty of approximately Rs.8.29 crore for the alleged illegal felling of trees.

SIT has filed charge-sheets in all cases
According to DySP V V Benny, who heads the Special Investigation Team investigating the police cases, the police registered 54 cases in Wayanad, of which 41 cases involving the Augustine brothers as accused are being investigated by his team.

“These cases are split charge cases arising from the major cases registered at Meenangadi police station. We have submitted charge-sheets before the court in all the cases,” Benny said.