Uttarakhand High Court Orders Transfer of Trials Against Ex-Corbett Director to Special CBI Court

In a significant step to avoid parallel proceedings and ensure jurisdictional consistency, the Uttarakhand High Court has directed the transfer of two vigilance corruption trials—against former senior forest officials, including the erstwhile Director of the Corbett Tiger Reserve—from the Special Judge under the Prevention of Corruption Act in Haldwani to the Special Judge, Anti‑Corruption, CBI at Dehradun. Justice Siddhartha Sah, hearing the Central Bureau of Investigation’s application under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023, ruled that once the CBI had taken over the investigation and filed its charge‑sheet before the designated CBI court, continuing the parallel proceedings anywhere else would be “not in consonance with the jurisdiction vested in the CBI Court.”

A formal transfer becomes necessary

The dispute originated in 2022 when the Vigilance Establishment, Uttarakhand, Haldwani Sector, registered an FIR (No. 06/2022) for large‑scale illegalities inside the tiger reserve. Acting on a public‑interest litigation, the High Court had directed the CBI to re‑register the case. The agency did so on 11 October 2023 as RC0072023A0008, invoking IPC sections for cheating and forgery, the Forest (Conservation) Act, and the Prevention of Corruption Act. By May 2024 the Special Judge, P.C. Act, Haldwani, had supplied all case documents to the CBI, and the central agency completed its investigation. On 30 April 2025 it filed a comprehensive final report under Section 173(2) Cr.P.C. before the Special Judge, Anti‑Corruption, CBI, Dehradun—the only court statutorily notified to try CBI‑investigated offences.

Who stands accused

The CBI charge‑sheet names eight public servants: - Kishan Chand , then Deputy Conservator of Forests, Kalagarh Tiger Reserve Division - Brij Bihari Sharma , then Forest Range Officer, Sonanadi & Pakhro Range - Rahul , the then Director of the Corbett Tiger Reserve - Akhilesh Tiwari , then Deputy Conservator of Forests, Kalagarh - Mathura Singh Mavdi , Deputy Ranger, Pakhro Range - Surendra Singh , Forester, Pakhro Range - Sandeep Arya , Forest Guard, Sonanadi Range - Rajesh Rawat , Wireless Operator (daily‑wager), Pakhro Range

The offences are spread across the IPC, the Prevention of Corruption Act, the Indian Forest Act, the Forest (Conservation) Act, and the Wildlife (Protection) Act.

Why the CBI moved court

While the CBI had already concluded its probe and placed its charge‑sheet before the competent court, two miscellaneous criminal cases— State of Uttarakhand v. Brij Bihari Sharma (Misc. Criminal Case No. 01/2023) and State of Uttarakhand v. Kishan Chand (Misc. Criminal Case No. 22/2023)—continued to hang fire before the Special Judge, P.C. Act, Kumaon Region, Haldwani. The CBI argued that this duality would engender procedural inconsistencies and jurisdictional conflicts. Its counsel, Mr. Piyush Garg, submitted that the transfer application was “formal in nature” because the charge‑sheet had already been filed in Dehradun, and that only the designated CBI court possessed the authority to try the case.

The court’s reasoning

Justice Siddhartha Sah accepted the submission without any opposition from the State’s Additional Government Advocate or the private respondents’ counsel. The court underlined that the Special Judge, Anti‑Corruption, CBI, Dehradun, “alone has jurisdiction to try cases investigated by the CBI.” Consequently, allowing the Haldwani proceedings to continue would directly clash with that statutory jurisdiction. The judgment states:

“It is not disputed that the charge‑sheet has already been filed before the Court of the learned Special Judge, Anti‑Corruption, CBI, Dehradun, which is the competent Court having jurisdiction to try cases investigated by the CBI. Consequently, the continuation of … the cases … before the Court of the learned Special Judge, P.C. Act, Kumaon Region, Haldwani, would not be in consonance with the jurisdiction vested in the CBI Court at Dehradun.”

Key observations from the bench

  • Jurisdictional clarity : The court reiterated that once the CBI takes over an investigation, the designated special CBI court is the only forum for trial.
  • No factual dispute : Neither the State nor the private respondents contested the CBI’s assertion that the charge‑sheet had been filed in Dehradun.
  • Formal but necessary transfer : Though termed “formal,” the transfer was essential to eliminate parallel proceedings and secure a unified trial.

What the order means

With the transfer application allowed, Misc. Criminal Cases No. 01/2023 and No. 22/2023 now stand transferred to the Special Judge, Anti‑Corruption, CBI, Dehradun, for disposal in accordance with law. The decision reinforces the principle that investigation‑cum‑trial by the CBI must not be fragmented across multiple courts, preventing inconsistent findings and administrative chaos. For the accused—several of whom held senior positions in one of India’s most iconic tiger reserves—the road ahead leads to a single, specialised courtroom in Dehradun.