(IN): Jailed Czech scientist finds support

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Link: http://www.telegraphindia.com/1080709/jsp/siliguri/story_9524001.jsp

 

 

*Jailed Czech scientist finds support*

OUR SPECIAL CORRESPONDENT

 

*Calcutta, July 8: *The manner in which Czech entomologist Petr Svacha and

his associate Enil Kucera are being detained in Darjeeling Correctional Home

is an infringement of fundamental rights and therefore unconstitutional,

said Arun Kumar Sarkar, the chairman of the West Bengal Bar Council.

 

Svacha, 51, and Kucera, 52, were arrested by forest officials allegedly

while collecting beetles, butterflies and larvae within Singalila National

Park on June 22. They were remanded in judicial custody and yesterday, their

bail petition could not be moved at the court of chief judicial magistrate

in Darjeeling as lawyers in the hills are on a ceasework and government

employees are on a strike till August 7.

 

" It is the duo's right to seek legal help. But they are being denied the

right to justice. The Bengal government will have to be accountable about

the collapsed judicial system in the hills, " said Sarkar.

 

The lawyer added that the high court, too, was silent on a letter sent to it

a fortnight ago by the bar council to transfer cases from Darjeeling to

Siliguri because of the situation in the hills. " This is a constitutional

crisis and yet both the state government and the high court are silent. "

 

The Czech duo have been charged under Sections 27 and 29 of the Wildlife

Protection Act, 1972. Section 27 covers entry without permission to

sanctuaries and Section 29 deals with removing wildlife from a sanctuary

without permission from the state chief wildlife warden. Foresters said that

the two had violated both the provisions.

 

The foresters added that the 200-odd beetles, larvae and butterflies found

on the duo had been sent to the Zoological Survey of India in Calcutta to

verify if they were on the endangered list.

 

Singalaila National Park has a single large signboard at the entrance, which

declares it a protected place. The foresters said the two and been staying

at Srikhola on the fringes of the park and were picked up after residents

reported their activities over two days.

 

In Darjeeling, Svacha's defence lawyer, Seshmani Gurung, said the duo today

submitted a petition to the chief judicial magistrate through the jail

authorities seeking some provisions to open the court to hear their case.

" The CJM visited the correctional home and met the Czechs. There is a

possibility that he might hear them tomorrow, " Gurung added.

 

Indian entomologists conceded that Svacha, a world-renowned authority on

invertebrates, had broken the law, but said the treatment being meted out to

them was harsh.

 

" The Indian law in bio-diversity is not at all friendly for research,

especially for us. Entomology is a universal science and we need to collect

specimens from all over the world. It would have been ideal if Svacha was

fined and sent home, " said Priyadarsanan Dharma Raj, a taxonomist with the

Ashoka Trust for Research in Ecology and the Environment in Bangalore.

 

K. D. Prathapan, an entomologist with the Kerala Agricultural University in

Thrissur, said foresters in India were unable to distinguish between

poachers and scientists. " Our laws are there only to police the forests, not

promote research. Svacha should be released immediately, " he said.

 

A retired forest officer of Bengal, on conditions of anonymity, said: " The

foresters should have verified the status of the person, especially after

observing his activities for a few days before his arrest. They should have

gone to court only if the collection was for commercial purpose. "

 

 

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