Red Sanders in AP: Lawyers question rationale for special court to try smuggling cases

Lawyers have questioned the rationale of setting up a special court recently in Tirupati, Andhra Pradesh (AP), to try those found guilty of smuggling red sanders wood, endemic to the Seshachalam Hills.

They said having a special court would only lead to delay in adjudicating such cases of smuggling and that the new court will be pro-state.

There are 2,348 cases booked against red sanders smugglers in AP. The special court constituted in Tirupati, with its jurisdiction spread across the state, will try these cases which in itself is a problem, the lawyers said.

“The main delay in hearing these smuggling cases happens as the police don’t file their charge sheet within the stipulated time. This is due to shortage of staff. If the charge sheet is filed, the accused can be kept in custody and judgement delivered,” K Subramanyam, a lawyer in the Tirupati district court, who deals with such cases, told this reporter.

He added that once the accused availed bail, they didn’t come to court and sought adjournments through their lawyers.

Further delay happened at the stage of executing the non-bailable warrants against them to summon them. “The state-wide jurisdiction of this court will only add to this problem as police will have an additional burden,” he added. Even witnesses in the cases will have to be asked to come repeatedly.

Lawyers and legal experts also feel that special courts and Acts are inimical to the rights of the accused.

“That these courts tilt towards the prosecution has been proved with experiences across other special courts like National Investigative Agency, Terrorist and Disruptive Activities (Prevention) Act, Prevention of Terrorism Act, etc,” K Kranti Chaitanya, convenor, coordination committee of Civil Liberties Committee (AP and Telangana) and a lawyer in the Tirupati district court, told this reporter.

He gave an example of a case of maintenance. If tried in a magisterial court, it goes to the district court and then the high court.

But if it is tried in a family court, the right of appeal is to the high court itself. Thus, the client loses a chance to appeal in a higher appellate court.

“Special courts are against principles of natural justice and violate constitutional safeguards and freedoms. They deviate from procedures in the Code of Criminal Procedure and thus favour the prosecution. Special acts and courts formed under them are pro-state,” Chaitanya added.

“Thus, under under Section 43(E) of the UAPA, the accused is denied bail unless he prima facie proves to the satisfaction of the court that he or she is innocent. The judge can deny bail to the accused even if there is no evidence,” Chaitanya said. 

Why the need

The special court was opened by Chief justice of India, NV Ramana June 9 to specifically tackle red sanders smuggling.

Red sanders (Pterocarpus santalinus) or red sandalwood is endemic to the Seshachalam hill range spread across the districts of Chittoor, Tirupati, YSR, parts of Nellore, Kurnool, Nandyal and Prakasam. The tree is included in the Red List of the International Union of Conservation of Nature (IUCN).

The species was allowed to be exported by the Directorate General of Foreign Trade, an agency of the Union Ministry of Commerce and Industry February 18, 2019.

Vehicles of accused from which red sandalwood was recovered, gather dust at the district forest office in Tirupati as trials in smuggling cases drag on. Photo: G Ram Mohan

Red sanders is known for its therapeutic properties and rich hue. It is highly sought after in east Asia, particularly China and Japan.

“The huge demand for the tree has been fuelled by the rising consumerism and economic boom in China,” GN Pavan Kumar, divisional forest officer, Tirupati, said.

The Chinese believe they can ward off evil by having red wood at home. It was also sought in centuries past for its acoustic properties and used for making musical instruments in Japan and China, he added.

How red sanders is being smuggled despite restrictions on its trade nationally and internationally is a million-dollar question.

“Forests are open treasures and we continue to function despite a staff shortage to the extent of 60 per cent. And 50 per cent of them are above 50 years and suffer from various ailments," K Ashok Kumar, deputy conservator of forests, Tirupati division, said.

Very few people were recruited one-and-a-half years ago. Youngsters currently craved for comforts at the cost of national property and did not have a sense of belonging, he added.

Policies of the government have also aided and abetted this illegal trade as reported by Down To Earth earlier.

This includes judicial laws too. The special court has been established under Section 57 of the AP Forest Act, 1967 (amended in 2016). But experts said, this law could not deter smuggling.

“The pendency of cases and lesser punishment of one year imprisonment and a Rs 10,000 fine awarded under the 1967 Act failed to act as a deterrent.

“This was amended to not less than three years and not exceeding five years jail along with a Rs 300,000 fine and imprisonment of not less than five years and not exceeding seven years jail and a Rs 500,000 fine for first time and second time offenders respectively,” Pavan Kumar said.

The Act also made the cases non-compoundable along with making them non-bailable and cognizable offences.

It was thus felt that a special court was necessary to adjudicate red sanders smuggling cases. But as noted above, lawyers have questioned that.

An alternative?

Instead, lawyers say lessons from past experiences regarding special courts need to be learned.

“The experience of a special court with state-wide jurisdiction formed in Nampally, Hyderabad, in united Andhra Pradesh, to try piracy cases of film CDs serves as an example and lessons need to be drawn from it.

“The delay caused in trying those cases from across the state finally pushed it to try them at the local level. If the accused is in remand, he will have to be brought by police escort from Tirupati. If he is on bail, it will entail additional expenses for him,” Subramanyam said.

Ideally, a special court should have been established in every district with a majority of these cases, he added.

The Forest Act of 1967, as amended in 2016, also shifts the burden of proof of innocence onto the accused under Section 32(C) of the Act.

“To curb the menace of smuggling, livelihood issues of poor workers have to be addressed. This has been our contention for long. Our top courts have been enabling strong arm tactics by allowing these special laws to exist,” Chaitanya said.

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