The Gujarat High Court has quashed the Forest Offence First Report (FOFR) No. 2/2009-10 against journalist Manish Bhupendrabhai Panwala, who was accused of disturbing a lion while it was feeding outside the Gir National Park in November 2009. Panwala, a senior correspondent with NDTV, was accompanied by two members of the NGO "Prayas" during the incident.
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According to the case, the group had entered the forest with valid permits and later visited a village area upon hearing about a lion sighting. The FIR alleged that they flashed vehicle headlights and took photographs of the lion, disturbing it. No evidence of hunting, weapons, or contraband was found, and the location was confirmed to be outside the sanctuary limits.
Justice J.C. Doshi noted that even if the allegations were true, the act did not meet the definition of "hunting" under Section 2(16)(b) of the Wildlife (Protection) Act, 1972. More importantly, Section 55 of the Act requires that cognizance of such offences can only be taken upon a complaint filed by an authorised officer, not through a police-style FIR. Since no such complaint was filed, the trial court’s cognizance was deemed without jurisdiction.
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The court observed:
"Continuation of proceedings in absence of a statutory complaint would be an abuse of process of law."
While terming the journalist’s conduct as "reckless" towards wildlife, the court acknowledged his remorse, noting his voluntary donation of ₹1 lakh to the Gujarat State Lion Conservation Society. The order clarified that the decision does not prevent an authorised officer from initiating proceedings in accordance with law.
Case Title: Manish Bhupendrabhai Panwala v. State of Gujarat & Anr.
Case No.: R/Special Criminal Application (Quashing) No. 77 of 2014
