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PMLA crucial in dealing with wildlife crimes: SC Judge Ujjal Bhuyan

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HT Bureau

GUWAHATI, April 12: Stating that the protection of wildlife is a crucial component of the broader subject of environmental protection, Justice Ujjal Bhuyan of the Supreme Court of India highlighted that the Prevention of Money Laundering Act (PMLA) becomes relevant in dealing with wildlife crimes for money laundering, as wildlife crimes are ‘intrinsically connected’.

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Addressing a workshop on ‘Deterring Wildlife Crimes: Challenges and Opportunities’ organised in the Mizoram Bench of Gauhati High Court here on Thursday, as the chief guest, Justice Bhuyan said since proceeds from wildlife crimes could be dealt with under the provisions of the PMLA Act, the offenses under the provisions of the Wildlife (Protection) Act are also included in the PMLA Act.

The workshop was organised under the aegis of the Mizoram State Legal Services Authority and the biodiversity conservation organisation Aaranyak with objectives to facilitate synergy among various stakeholders, including the judiciary, in the prevention of burgeoning wildlife crimes.

Stating that organised wildlife crimes, which have transcended geographical barriers across the world, are among the four major crimes across the world along with illegal trade in narcotic drugs, arms smuggling, and human trafficking, Justice Bhuyan warned that to escape severe crackdown and capital punishment in various countries, criminals involved in the drug trade have now shifted focus to wildlife crimes, which are found to be equally remunerative.

He also underscored that a wildlife forensic institution is required in North East India, which boasts a very rich diversity of wildlife species and hence is prone to wildlife crimes, to boost the investigation of wildlife crimes and enhance the conviction rate in the region.

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Justice Bhuyan emphasised on boosting intelligence gathering apparatus, capacity building, creation of data banks on wildlife crimes and criminals, and the use of forensic sciences besides bolstering protection mechanisms in the country’s national parks and wildlife sanctuaries by adding more teeth to existing law provisions.

Addressing the workshop as the guest of honour, Justice Prasanna B Varale of the Supreme Court said, “India is a goldmine of biodiversity and boasts a rainbow of wildlife species. Wildlife crimes pose danger to the ecological balance of the globe and India is no exception to it.”

Flagging the need for sustained collaboration among various stakeholders for the prevention of wildlife crimes, Justice Varale prescribed for fast-track courts, reduction of delays in investigation to increase conviction rates in wildlife crime cases, public participation in prevention, regular review of WLPA to improve enforcement, investigation and conviction, use of DNA analysis, drones, and satellite imagery for the protection of wildlife in the country.

Calling for coordination among forest officials, state machinery, and the public in the prevention of wildlife crimes, Justice Varale asked members of the Bar to come forward to participate in wildlife crime cases under legal services authority.

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He also said that tribal communities’ age-old commitment to protect wildlife should be upheld and respected and mooted strong enforcement of wildlife legislation.

In his welcome address, Justice Machael Zothankhuma of Gauhati High Court said the workshop, which was also graced by another two Judges of the High Court, Justice Nelson Sailo and Justice Marli Vankung, was of great importance at this crucial juncture when wildlife crimes have posed a grave threat to the delicate balance of the ecosystem.

The CEO and secretary-general of Aaranyak, Dr Bibhab Kumar Talukdar, addressing the workshop, highlighted the utmost requirement of synergy among various stakeholders, including the legal fraternity, in combating and preventing organised wildlife crimes. He pointed out that India’s frontier north-east region, which has high wildlife diversity and is surrounded by largely porous borders, is in the focus of global wildlife criminals and has become a transit route of illegal wildlife trade.

Inspector general of Mizoram Police, Lalbiakthanga Khiangte, and senior customs official Malsawmtluanga made elaborate presentations on the sustained efforts by Mizoram Police and Customs Department in the prevention of wildlife crimes in the bordering state.

Making a presentation in the technical session, the field director of Dampa Tiger Reserve in Mizoram, Agni Mitra, explained how the bordering North East region stands vulnerable to wildlife crimes because of porous borders and proximity to the infamous Golden Triangle.

Senior law consultant of Aaranyak and a lawyer in Gauhati High Court, Ajoy Kumar Das, in his presentation, highlighted the enhanced efficacy of the Wildlife (Protection) Act, 1972, in the wake of Amendments 2022 and explained how the investigating agencies and the judiciary can exploit the amended act for increasing conviction rates in wildlife crime cases.

The workshop was attended by an august gathering, including the chief secretary and DGP of Meghalaya, principal chief conservator of forest and chief wildlife warden of Mizoram, senior officials of Mizoram Police, customs officials, senior officials of the state judiciary, president of Mizoram Bar Association and Bar members, faculties, and students of Aizawl Law College.

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