KATHMANDU – The failure on the part of the Ministry of Forest to bring all the heads of 84 division forest offices under the federal government has put the wildlife crime case into uncertainty.
Through there is a provision that Division Forest Office will be under Provincial Forest Directorate of the Provincial Ministry for Industry, Tourism and Forest, the criminal cases related to the forest, wildlife, and medicinal plant will be handled by the federal government.
Spokesperson at the Ministry of Forest and Environment, Sindhu Prasad Dhungana, said Division Forest Office chiefs don’t have the constitutional right to lodge cases related to forest and wildlife crimes because of the provision.
Prior to this, District Forest Officers (DFOs) had been authorized to prosecute any crimes against forest, wildlife and medicinal plants that were liable to fine up to Rs 10,000, or imprisonment not exceeding one-year jail, according to Forest Act 2049. While the wildlife crime cases beyond the fine of Rs 10,000 were settled by the court at the initiatives of district forest officers.
The Ministry of Forest had proposed the Ministry of General Administration to bring division forest chief under federal government through cabinet decisions. “This issue can’t be directly taken to Cabinet, and the Ministry of General Administration is turning a deaf ear to it,” said Dhungana.
Finally, the Forest Ministry in March-April issued letters to all 142 under-secretaries integrated to Division Forest Office. There are 84 Division Forest Offices in 77 districts. In Manang, Mustang and Rasuwa districts, section officers are deputed as division chief, while under-secretaries under division general forestry are deputed in the other 81 districts.
Nepal’s Constitution Part 12, Article 6 (a), states that the Attorney General, shall in course of performing his or her duties, have the power to defend, on behalf of the Government of Nepal, any lawsuit in which the Government of Nepal is a plaintiff or a defendant.
After encountering legal hurdles for lodging a case, the Forest Ministry had tried to bring the division chief under federal government. “While the chief administrative officer of local level, chiefs of land revenue and land survey can be brought under federal government, why can’t forest division chief be brought under federal government?” Dhungana questioned.
Forest Act has a provision that a second class forest officer can investigate the lawsuit of up to Rs 10,000 fine or one-year imprisonment, or can lodge a case before the district forest officer.
However, the recent amendment of Nepal act has made the provision for appointing the investigation officials by publishing a notice in national gazette to look into the case. There is no clarity on who will take up such cases. It seems a separate officer should be deputed for that.
“The proposal to bring Division Forest Chief under federal government wasn’t approved. It is not easy to depute a separate officer at a time when there are shortages of staff,” said spokesperson Dhungana.
According to spokesperson Dhungana, Division Forest Office cannot appoint investigation officer and no lawsuit regarding forest crime can be lodged at Division Forest Office under the existing circumstances. “Now it’s only the police who can lodge the case after arresting the offender. Otherwise, we are compelled to remain a mute-spectator despite seeing the smuggling activities,” he said.
