Gujarat High Court annuls charges against journalist, initially accused of nuisance towards a lion in Gir sanctuary.
The Gujarat High Court has recently quashed proceedings under the Wild Life (Protection) Act against a television journalist, Manish Bhupendrabhai Panwala. The decision, which provides important legal clarity, emphasizes that merely disturbing a wild animal does not amount to "hunting" within the meaning of the Act.
The case stems from an incident that occurred near the Gir National Park and Sanctuary in 2009, where Panwala, along with two members of an NGO, allegedly flashed lights from a Scorpio car at a lion while it was feeding on its prey. However, the Court ruled that Panwala's act does not fall within the definition of 'hunting' under Section 2(16)(b) of the Wild Life (Protection) Act.
Justice JC Doshi presided over the case, with Advocate Aditya Pandya representing the petitioner and Public Prosecutor Hardik Dave with Additional Public Prosecutor Chintan Dave appearing for the State. The Court clarified that "hunting" under Section 2(16)(b) includes acts such as capturing, killing, poisoning, snaring, or trapping a wild animal, or any attempt to do so, or causing physical harm or destruction to the animal. Simply flashing vehicle lights and disturbing a lion while it was feeding, as alleged in this case, did not satisfy these criteria and hence did not constitute an offence under the Act.
The Court also emphasized the distinction between "disturbing" and "hunting" under the Act, ruling that the action did not fall within the statutory definition of hunting as it caused no physical harm or attempt to capture or kill the animal. The incident location was outside forest limits, and the petitioners had valid permits to be in the area initially.
While the Court acknowledged that Panwala's conduct might have been imprudent or unwise, it did not amount to a cognizable offence under the Wildlife (Protection) Act because the legal ingredients for hunting were not met. The case and charges were therefore quashed, with the Court also noting procedural infirmities such as the lack of a valid complaint under Section 55 of the Act.
This interpretation provides important legal clarity restricting the application of wildlife protection provisions to serious acts of harm or capture and not to mere disturbance or inconvenience caused unintentionally or without physical harm. Manish Bhupendrabhai Panwala, who was associated with NDTV at the time of the incident, voluntarily donated ₹1 lakh to the Gujarat State Lion Conservation Society at Junagadh as a gesture of contrition and support for wildlife preservation.
[1] The Times of India. (2021, February 18). Gujarat High Court quashes proceedings against TV journalist Manish Bhupendrabhai Panwala. Retrieved from https://timesofindia.indiatimes.com/city/ahmedabad/gujarat-high-court-quashes-proceedings-against-tv-journalist-manish-bhupendrabhai-panwala/articleshow/80878612.cms
[2] India Today. (2021, February 18). Gujarat HC quashes proceedings against TV journalist Manish Bhupendrabhai Panwala. Retrieved from https://www.indiatoday.in/india/story/gujarat-hc-quashes-proceedings-against-tv-journalist-manish-bhupendrabhai-panwala-1732259-2021-02-18
[3] Live Law. (2021, February 18). Gujarat HC quashes proceedings against journalist Manish Bhupendrabhai Panwala under Wild Life (Protection) Act. Retrieved from https://www.livelaw.in/news-updates/gujarat-hc-quashes-proceedings-against-journalist-manish-bhupendrabhai-panwala-under-wild-life-protection-act-173621
[4] Bar and Bench. (2021, February 18). Gujarat HC quashes proceedings against journalist Manish Bhupendrabhai Panwala under Wild Life (Protection) Act. Retrieved from https://www.barandbench.com/news/litigation/gujarat-hc-quashes-proceedings-against-journalist-manish-bhupendrabhai-panwala-under-wild-life-protection-act
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