Institute of Legal and Management Studies

The Supreme Court today reiterated the need for High Courts to refrain from entertaining cases which are already seized by the Apex Court.

The bench of CJI BR Gavai and Justices K Vinod Chandran and NV Anjaria was hearing the issue of officers involved in the alleged illegal tree felling at the Jim Corbett Tiger Reserve.

The apex court, which has been monitoring the investigation by the Central Bureau of Investigation (CBI) into the alleged illegal constructions in Corbett, noted that it had earlier questioned the Uttarakhand Government for not granting sanction for prosecution. Following the Court's oral observations on September 8, 2025, the State granted a sanction for prosecution against one officer on September 16, 2025.

However, that officer, identified as Rahul, Chief Conservator of Forests, later filed a writ petition before the Uttarakhand High Court challenging the sanction order. The High Court, on October 14, 2025, admitted the matter and stayed the operation of the sanction order. Last month, the Supreme Court had taken exception to the High Court's interference. The Court also summoned Rahul asking him to show cause for not initiating contempt action.

Sr Advocate R Basant appeared for the Forest Officer today.

The bench today observed that Mr Rahul could have taken an appropriate approach instead of approaching the High Court when the matter was already pending before the present bench. Frowning upon the attempt of the counsel of Mr Rahul to justify the said conduct, the Court observed :

"In pursuance of the series of orders passed by this Court, it was not appropriate for Mr Rahul to have approached the High Court. If he was of the opinion that, on account of any of the orders/observations passed by this court, his rights were prejudiced, he could have sought appropriate orders."

"However, it appears that Shri Rahul took the same decision on the basis of the legal advice. During the course of the hearings, a serious attempt was made to justify the conduct of Mr Rahul. However, it appears that common sense prevailed during the lunch recess and when the matter was called out post-lunch, Mr Basant, the Ld Counsel states that Shri Rahul has already tendered his unconditional apology."

Taking into account his unblemished service record of over 21 years, the bench chose not to take punitive action.

While accepting the apology, the Court expressed astonishment at the High Court's conduct in entertaining the writ petition despite the Supreme Court's continuing oversight of the Corbett investigation.

“This Court has always held that the majesty of law lies not in punishing, but in forgiving. Shri Rahul is personally present before the Court. It appears that on account of not getting proper advice, he took the wrong step of approaching the High Court when the issue was pending before this Court.”

The bench added:

“Equally, we are amazed at the approach of the High Court. The High Court should have at least perused the sanction order, where a reference is made to our earlier orders. Time and again we have said that the High Courts are not inferior to the Supreme Court; however, when on the judicial side the Supreme Court is seized of a matter, the High Court is expected to give due respect to the proceedings before this Court.”

The bench then accepted Rahul's apology and directed that the proceedings before the High Court be withdrawn and transferred to the Supreme Court.

Background

Previously, the bench strongly criticised the Uttarakhand High Court for entertaining a plea and staying a sanction order that was passed during the pendency of proceedings before the apex court concerning illegal constructions and felling of trees in the Corbett Tiger Reserve.

The Supreme Court also stayed the Uttarakhand High Court's order dated October 14, 2025, and issued a notice to Rahul to appear before it on November 11, 2025, and show cause as to why contempt proceedings should not be initiated against him.

The proceedings in the Supreme Court, taken as part of the TN Godavarman matter relating to forests, pertain to allegations of widespread illegal construction and tree felling inside the Corbett Tiger Reserve, for which the CBI has already registered an FIR and is submitting progress reports to the Supreme Court.

Cause Title: IN RE: T.N. GODAVARMAN THIRUMULPAD VERSUS UNION OF INDIA & ORS.