In a significant intervention days ahead of the Assam Assembly elections on April 9, the National Green Tribunal’s (NGT) Eastern Zone Bench Thursday stayed the operation of an order by the Assam government that sought to deploy 1,600 personnel from the Assam Forest Protection Force (AFPF) for the polls.
A two-member Bench of judicial member Justice Arun Kumar Tyagi and expert member Ishwar Singh was hearing a petition by advocate Gaurav Bansal. He argued that the order contravened the Biological Diversity Act, 2002, and a 2024 Supreme Court order against the use of forest staff for election duty.
Terming the move “bad in law” during the hearing, the Bench issued notices to the state government, Environment Ministry, National Biodiversity Authority, Assam’s Principal Chief Conservator of Forests and Special Chief Secretary.
“…in exercise of powers conferred under Section 19(4)(j) of the National Green Tribunal Act, 2010, respondent No.5 – special chief secretary to the Government of Assam, Environment, Forest and Climate Change Department is directed to desist from violating the provisions of the Biological Diversity Act, 2002, specified in Schedule-I of the National Green Tribunal Act, 2010, and operation of the impugned order dated 19.03.2026 is stayed till further orders to the contrary,” the NGT stated in its order.
The Bench listed the matter for an early hearing on April 6, after observing, “If we don’t ask the state government to withdraw the order, it will be fait accompli because tomorrow is the last date (for their deployment). We have to stay it, otherwise it will set a bad precedent.”
During the hearing, expert member Ishwar Singh sought to know from a government counsel what the locus standi of the Special Chief Secretary was in the electioneering process, to which the government counsel sought time to obtain instructions. The expert member went on to observe, “They (AFPF) are supposed to protect the forest,” he said.
In its March 19 order, the Assam government issued directions to mobilise approximately 1,600 AFPF personnel, requiring them to report to the office of the Additional Director General of Police (ADGP) by April 3. The order was issued by M K Yadava, Special Chief Secretary, Environment, Forest and Climate Change Department and was addressed to the commandants of the AFPF in Basistha and Jakhalabandha.
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The order said the force is likely to be back on April 10, the day after voting. The order also requested the Principal Chief Conservator of Forest and Head of Forest Force, Assam to deploy 600 to 800 frontline staff in Rhino bearing areas during this period.
The letter was addressed to the Chief Secretary of the Assam government; DGP, Assam Police; Principal Chief Conservator of Forests (Wildlife), Chief Wildlife Warden (CWLW), Assam, and Additional Chief Secretary, Home and Political Department. The letter was not marked to the Chief Electoral Officer of the State, the NGT Bench observed.
The petitioner, advocate Gaurav Bansal, argued that Assam’s directive directly contravened a May 2024 Supreme Court order. The SC had directed in that order that in all states the forest staff as well as forest vehicles shall not be requisitioned for the election purposes or any other purposes like Char Dham Yatra.
Bansal further said that the Biological Diversity Act, 2002, mandates the Centre as well as states to develop strategies, plans and programmes for conservation and sustainable use of biological diversity, including identification of areas rich in biological resources. Bansal also pointed out that diversion of AFPF personnel from their core duties of forest protection and surveillance heightens the risk of illegal activities, particularly poaching.
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The AFPF was established by law in 1986. Its primary responsibilities include the protection and safeguarding of Assam’s forests, forest resources, wildlife, and the properties of the Assam Forest Department, as mandated by the law.
The official behind the order, Yadava, is a retired Indian Forest Service officer, considered a close aide of Chief Minister Himanta Biswa Sarma, and has been under a cloud due to violations of the forest conservation law, or the Van (Sanrakshan Evam Samvardhan) Adhiniyam, last year.
In May 2025, the environment ministry’s regional office in Shillong directed the Assam Forest Department to take legal action against Yadava for authorizing two commando battalion camps on forest land in “gross violation” of forest conservation law, The Indian Express reported last July.
