Wayanad: The Supreme Court has ordered the transfer of the cheating case against the Augustine brothers, pending before the JFMC Court in Chottanikkara, to the Special Forest Court at Sulthan Bathery. 

The order was issued on a petition filed by Roji Augustine, the first accused in the case. A Bench headed by Justice J B Pardiwala observed that the case could be dealt with more effectively by a court established under the Kerala Forest Act. 

This development comes after the Forest Department has filed its first charge sheet in the Muttil tree-felling case against the Augustine brothers before the Judicial First-Class Magistrate (JFCM) Court in Sulthan Bathery, five years after the case was registered. The charge sheet was filed on September 17. 

The Supreme Court, while considering the cheating case petition, also directed that the cheating and tree-felling cases be dealt with separately and that evidence in the two cases be recorded independently.

The state government told the Supreme Court that the cheating and tree-felling cases were distinct, having been registered in Ernakulam and Wayanad districts respectively.

The Kerala High Court had earlier declined to stay proceedings in the cheating case. The case relates to the siphoning of ₹1.4 crore from Malabar Timber Industries owner M M Aliyar. 

Earlier, the Augustine brothers approached the High Court to quash the proceedings in the Muttil case, stating that the Forest Department was not serious about pursuing the case as they had not even filed a charge sheet.

However, filing the charge sheet in the tree-felling case is also expected to strengthen the cheating case against the Augustine brothers, as the latter stems from the former. 

The case originated from Aliyar's complaint that Roji Augustine, owner of Soorya Timbers, had agreed to supply around 10,000 cubic feet of rosewood along with the required forest documents. Aliyar paid ₹1.4 crore for the timber, but the required documents were not produced. The Forest Department subsequently seized 54 rosewood logs and a truck from Malabar Timber Industries, citing the absence of mandatory permits and transit passes.

Meanwhile, the Forest Department's charge sheet in the Muttil tree-felling case alleges violations of various provisions of the Kerala Forest Act, the Kerala Forest Produce Transit Rules and the Biological Diversity Act. Roji Augustine is the first accused in that case, while Anto Augustine and Josekutty Augustine are the fourth and fifth accused, respectively. The SIT has separately filed 36 charge sheets in connection with the alleged felling and transportation of rosewood from non-forest land.