At a time when illegal fishermen have been charged with igniting forest fires in Deolapar range of Pench Tiger Reserve (PTR), the rural police has left the Special Tiger Protection Force (STPF) weapon-less by seizing five guns from its personnel over the last one year. After the firing incident in Totladoh lake in Pench on February 23, 2015, in which one illegal fisherman had died, Deolapar police had seized STPF’s two 9mm pistols, one 7.62mm SLR rifle, two 12 bore guns, 15 cartridges and 12 bullets. The weapons were used by the STPF in self-defence. The Centre had set up armed STPF basically to protect forests and tigers. However, the purpose is being defeated now as its arms have been seized despite lawful action on part of the personnel. The PTR has finally moved the court to get back its weapons. On February 23, 2015, a group of fishermen was involved in fishing in Totladoh lake inside PTR. STPF patrolling party tried to drive them away and warned the fishermen to leave the area. However, the fishermen, who were in large numbers, were defiant and challenged the patrolling party. The STPF warned fishermen that if they did not leave, fire arms would be used. Even as this warning was being given, fishermen started pelting stones with the help of slings on STPF men. They also threw petrol bombs and dynamites in a bid to drown the STPF personnel. In defence, the STPF men fired in the air. This did not deter the fishermen and they came close to the patrolling boat. They surrounded the boat and threw petrol bombs on it. Thereafter, the patrolling party fired from 9mm pistol and SLR rifle as a result of which the assailants started fleeing. In the firing, a fisherman Harinand Banwari died due to bullet injury and Deolapar police had registered an offence of murder against forest men even before they could file a complaint. Even after a year now, no action has been taken against the illegal fishermen who had destroyed Pench’s three patrolling boats and set the Salama protection camp on fire. The damage to the property was estimated to be over 60 lakh. Pench, through special public prosecutor PK Sathianathan, has moved JMFC Ramtek, demanding return of weapons and ammunition. The police action is against government notification of September 19, 2006, which states that under Section 197 of CrPC wherever firing is resorted to by any forest personnel, it shall be inquired into by an executive magistrate of the area, and any proceeding including instituting a criminal case or effecting arrest can be initiated only if it is held as a result of inquiry that use of arms was unwarranted. This implies that FIR against forest officials should not have been registered till the conclusion of magisterial inquiry. Interestingly, offence against foresters was registered amid pressure from local MLA who resorted to rasta roko. Speaking to TOI, superintendent of police (SP) Anant Rokde said, “As the matter is sub judice, weapons can only be returned after court order.” However, in its reply, police through their counsel Amar Fulzele opposed handing over of fire arms. He said that the seized weapons are required during the investigation as well as trial. The district magistrate has already submitted its report to the National Human Rights Commission. The matter is slated for hearing on May 3.
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