Assam: Gauhati HC rejects bail to NRL Chief Manager in elephant death case
Guwahati: The Gauhati High Court has rejected the bail plea of Bedanga Kumar Kashyap, Chief Manager of the Numaligarh Refinery Limited (NRL), in connection with the death of a female elephant inside the NRL township butterfly park in Assam’s Golaghat district.
Hearing the matter on Wednesday (August 22) in connection with the elephant death case, High Court Justice Malasri Nandi rejected the bail plea of the NRL official.
NRL officials Bedanga Kumar Kashyap and Ujjal Nayan Handique were arrested by Forest officials on July 24 for allegedly burying the carcass of a female elephant without following the norms.
On July 18, 2024, a female elephant was found dead in the butterfly park located within the NRL Township.
According to the preliminary offense report, NRL officials found the elephant at around 8:20 am but only informed the Golaghat Divisional Forest Officer (DFO) by 5 pm that same day.
Upon reaching the site, Forest Department officials found the elephant buried in a freshly dug pit without prior permission from the department.
Initial investigations suggest the elephant died from electrocution caused by an exposed armored cable. Kashyap's counsel argued that their client was illegally arrested.
They pointed out that the DFO summoned Kashyap under Section 50(8) of the Wildlife Protection Act, which empowers officials to collect statements and documents but does not grant arrest authority.
Additionally, the defense claimed the preliminary offense report lodged by a non-gazetted officer violated the Act's Section 55, potentially invalidating the detention.
Kashyap's lawyers further explained that upon learning of the elephant's death, network connectivity issues hindered their attempt to contact the forest department.
Fearing the nearby herd might get agitated upon seeing the carcass, Kashyap reportedly instructed staff to bury the elephant in a pit for safekeeping, leading to the delay in reporting the incident.
The state, represented by the Standing Counsel for Wildlife, countered that both Kashyap and another accused, currently absconding, admitted to delaying informing the forest department and burying the carcass without permission.
They argued this act violated the Wildlife Protection Act, particularly Section 51, which deals with harming or attempting to harm protected species like the Indian elephant.
The prosecution also expressed concern that granting bail could hinder the ongoing investigation, fearing the accused might influence witnesses or tamper with evidence.
Justice Malasri Nandi acknowledged the admitted delay in reporting the elephant's death.
While the defense cited network issues, the court deemed sending a messenger a more reasonable option given NRL's resources.
“The cause shown by the petitioners regarding delay of information due to network connectivity issues cannot be considered to be acceptable one. The NRL has enough staff and there might not be any hindrance to inform the matter to the concerned forest department by sending a messenger also,” the High Court order read.
The burying of the carcass without permission raised further concerns about potential evidence tampering.
Justice Nandi observed the defense's point regarding the specific section used for summoning NRL Chief Mangaer’s Kashyap but clarified that the Act grants arrest powers to other officials like Wildlife Wardens and police officers under different sections.
Considering the gravity of the offense and the ongoing investigation, the court rejected Kashyap's bail petition. However, the court directed the Forest Department to complete the investigation expeditiously.
