NGT upholds stay on deployment of Assam Forest Protection Force for election duty
Guwahati: The National Green Tribunal (NGT) has upheld its earlier stay order restraining the Assam government from deploying personnel of the Assam Forest Protection Force (AFPF) for election duties ahead of the Assembly polls scheduled on Thursday (April 9, 2026).
The order was passed by the Eastern Zone Bench in Kolkata on Wednesday (April 8, 2026), while hearing a petition filed by lawyer and social activist Gaurav Kumar Bansal, who challenged a March 19 notification issued by the Assam government for mobilizing around 1,600 AFPF personnel to assist the police during Asam Assembly elections.
In its order, the tribunal made it clear that it found no reason to interfere with its earlier interim direction, stating, “no ground for recall/modification of the interim order dated 02.04.2026 is made out and the interim order… shall continue to operate till decision of the present Original Application.”
The petitioner had argued that diverting AFPF personnel from their core duties of forest and wildlife protection violates the Biological Diversity Act, 2002 and weakens conservation efforts in ecologically sensitive areas. He also contended that such deployment increases the risk of poaching and illegal activities in biodiversity-rich regions of Assam.
The Assam government, however, defended its decision, arguing that AFPF personnel are not classified as “forest officers” under law and that biodiversity protection is managed through multiple institutional mechanisms, including Biodiversity Management Committees and newly recruited forest staff.
Rejecting this line of argument at this stage, the tribunal drew a broader interpretation of the role of AFPF personnel. It observed, “the members of the Assam Forest Protection Force, being employees of the Forest Department, have to be treated/considered to fall within the fold of expression ‘Forest Staff’,” thereby making them subject to restrictions laid down by the Supreme Court on deployment of forest staff for non-forest purposes.
The bench comprising Judicial member Arun Kumar Tyagi and Judicial member Ishwar Singh further underlined the purpose of the force, noting, “the members of the Assam Forest Protection Force… cannot be deployed elsewhere as the same will defeat the very purpose of constitution of the Assam Forest Protection Force.”
It added that even past instances of such deployment cannot justify repetition, emphasizing that statutory obligations must prevail.
Calling the March 19 order legally untenable, the tribunal held that it suffers from “patent illegality” as it violates provisions of the Assam Forest Protection Force Act, 1986, the Biological Diversity Act, 2002, and directions of the Supreme Court prohibiting the use of forest staff for election duties.
Importantly, the NGT also clarified the larger environmental context, observing that “the question of protecting biodiversity is integrally connected with protection of forest, forest produce and wildlife,” rejecting the state’s argument that biodiversity concerns were being overstretched.
While acknowledging that the impugned order would become redundant after polling on April 9, the tribunal noted that the legal issue involved has wider implications. It stated that the question of deploying AFPF personnel for non-forest purposes “will survive” and may require further adjudication.
The tribunal has now granted time to the Centre and the Assam government to file detailed responses and listed the matter for further hearing on May 20, 2026.