‘Conflict of interest’ in SC-appointed panel may compromise cases against forest law: ex-bureaucrats

A “conflict of interest” in the Supreme Court-appointed Central Empowered Committee could compromise the outcome of cases challenging the Forest Conservation Amendment Act, a group of retired bureaucrats and diplomats told Chief Justice BR Gavai on Monday.

In an open letter, the Constitutional Conduct Group stated that the four-member committee, set up by the court in 2002 to flag cases of official non-compliance with its environmental conservation orders, initially comprised former officials from the Ministry of Environment and independent experts.

The letter said that this ensured impartiality and prevented a conflict of interest.

However, since the ministry “seemingly had complete autonomy” in selecting the members of the Central Empowered Committee in 2023, it nominated three retired Indian Forest Service officers and a retired scientist, who had also previously worked with the Union government, it said.

Two of the members had also recently retired as director general of forests and special secretary in the Ministry of Environment, it added. “There are no independent experts on the committee,” the Constitutional Conduct Group said.

The letter said that a Central Empowered Committee consisting of officers who had held top positions in the ministry and were also closely involved in policy-making could “hardly be expected” to provide independent advice to the court.

The Constitutional Conduct Group also noted...

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