‘Bad in law’: NGT stays Assam Govt order to deploy forest protection force for election duty

In a significant intervention just days before the Assam Assembly elections on April 9, the National Green Tribunal’s (NGT) Eastern Zone bench Thursday stayed an order by the Assam government that sought to deploy 1,600 personnel from the Assam Forest Protection Force (AFPF) for the polls.

Terming the move “bad in law”, a two-member bench comprising Judicial Member Justice Arun Kumar Tyagi and Expert Member Ishwar Singh issued notices to the state government, environment ministry, National Biodiversity Authority, Assam’s Principal Chief Conservator of Forests and Special Chief Secretary.

In its March 19 order, the Assam government issued directions to mobilise approximately 1,600 AFPF personnel, requiring them to report to the office of the Additional Director General of Police (ADGP) by April 3. The order said the force is likely to be back on April 10, the day after voting.

The petitioner, advocate Gaurav Bansal, argued that Assam’s directive directly contravened a May 2024 Supreme Court order. That ruling prohibited states from requisitioning forest staff or vehicles for election purposes or for other non-forestry duties, such as the Char Dham Yatra.

Bansal further said that under the Biological Diversity Act, 2002, the state is mandated to conduct continuous monitoring of ** resource-rich areas such as Kaziranga National Park. Bansal stressed in the petition that the AFPF’s core duty was to safeguard forests and protected areas.

The AFPF was established by law in 1986. Its primary responsibilities include the protection and safeguarding of Assam’s forests, forest resources, wildlife, and the properties of the Assam Forest Department, as mandated by the law.

The bench listed the matter for an early hearing on April 6, after observing, “If we don’t ask the state government to withdraw the order, it will be fait accompli because tomorrow is the last date (for their deployment). We have to stay it, otherwise it will set a bad precedent.”

NGT highlights procedural gaps

The March 19 order was issued by M K Yadava, Special Chief Secretary, Environment, Forest and Climate Change Department. It was addressed to the commandants of the APFPs in Basistha and Jakhalabandha.

Expert member Ishwar Singh sought to know from the government counsel present during the hearing what the locus of the Special Chief Secretary was in the electioneering process, to which the government counsel sought time to obtain instructions. The expert member went on to observe, “They (AFPF) are supposed to protect the forest,” he said.

The letter was addressed to the Chief Secretary of the Assam government; DGP, Assam Police; Principal Chief Conservator of Forests (Wildlife), Chief Wildlife Warden (CWLW), Assam, and Additional Chief Secretary, Home and Political Department. The letter was not marked to the Chief Electoral Officer of the State, the NGT bench observed.

Controversial backdrop

The official behind the order, Yadava, is a retired Indian Forest Service officer, considered a close aide of Chief Minister Himanta Biswa Sarma, and has been under a cloud due to violations of the forest conservation law, or the Van (Sanrakshan Evam Samvardhan) Adhiniyam, last year.

In May 2025, the environment ministry’s regional office in Shillong directed the Assam Forest Department to take legal action against Yadava for authorising two commando battalion camps on forest land in “gross violation” of forest conservation law, The Indian Express reported last July.

An award-winning journalist with 14 years of experience, Nikhil Ghanekar is an Assistant Editor with the National Bureau [Government] of The Indian Express in New Delhi. He primarily covers environmental policy matters which involve tracking key decisions and inner workings of the Ministry of Environment, Forest and Climate Change. He also covers the functioning of the National Green Tribunal and writes on the impact of environmental policies on wildlife conservation, forestry issues and climate change. Nikhil joined The Indian Express in 2024. Originally from Mumbai, he has worked in publications such as Tehelka, Hindustan Times, DNA Newspaper, News18 and Indiaspend. In the past 14 years, he has written on a range of subjects such as sports, current affairs, civic issues, city centric environment news, central government policies and politics. ... Read More

Stay updated with the latest - Click here to follow us on Instagram