Community Fishing Prohibited In Golaghat, Biswanath, Sec 144 Imposed

Community fishing activities during Magh Bihu, apart from causing damage to biodiversity at the Kaziranga National Park, also pose various other problems, in view of which prohibitory orders under Section 144 of the CrPC have been imposed.
Community fishing has been prohibited in water bodies in and around the Kaziranga National Park in view of various reasons
Community fishing has been prohibited in water bodies in and around the Kaziranga National Park in view of various reasonsREPRESENTATIVE

After the imposition of Section 144 of the Code of Criminal Procedures (CrPC) in Kaliabor in a bid to prohibit community fishing activities during the time of Bhogali Bihu at water bodies in and around the Kaziranga National Park, similar prohibitory measures were introduced in Biswanath and Golaghat districts of Assam on Friday.

Section 144 of CrPC Imposed in Golaghat

Golaghat district magistrate Dr P Uday Praveen issued orders prohibiting "Illegal entry and community fishing in beels, rivers and wetland in the Kaziranga National Park under Golaghat district with immediate effect".

In the order, the district magistrate mentioned that any violation will draw action under section 188 of the Indian Penal Code (IPC).

The order mentioned that the prohibitory measures were introduced after witnessing a growing trend of people in large numbers entering the Kaziranga National Park for community fishing from different parts of the state during Magh Bihu for the last few years. This leads to "disturbance of the sanctity of the National Park and may lead to possible law and order situation. Moreover, with overcrowding of people on national highway 715, traffic congestion is also likely to take place, in view of which the orders were issued.

However, anyone feeling aggrieved by the order may approach the district magistrate with a just cause and in writing to seek an exemption from or to either recind, alter or modify the order, it added.

The order read, "Whereas, the letter received from the Divisional Forest Officer, Eastern Assam Wildlife Division, Bokakhat vide Letter No. B/WLG/Illegalities/2024/275-79, Date: 10.01.2024 regarding promulgation of prohibitory order U/S 144 Cr.P.C."

"Whereas, it has been made to appear to me that from the last few years people in large numbers from different parts of the state/districts enter Kaziranga National Park & Tiger Reserve for community fishing in beels, rivers and wetlands under the garb of tradition in Magh Bihu w.e.f. 13th January to 16th January, 2024."

"Whereas, offences related to violation of Section 27 and 29 under Wildlife (Protection) Act, 1972 i.e. illegal entry into National Park and destruction shall be congnizable and non bailable within the meaning of Cr.P.C. 1973."

"Whereas entering the National Park leads to disturbance of the sanctity of the National Park and may lead to possible law and order situation."

"Whereas, the congregation of huge number of people during the community fishing may lead to traffic congestion in the National Highway 715."

"Therefore, I, Dr. P. Uday Praveen, IAS, District Magistrtae, Golaghat, in exercise of powers conferred upon me U/S 144 CrPC, do hereby prohibit that "illegal entry and community fishing in beels, rivers and wetland in the Kaziranga National Park under Golaghat district is prohibited with immediate effect"."

"In view of the emergent nature of the situation, this order is passed ex-parte U/S 144 (2) of the CrPC. However, Police /Security Official/ Personnel, Forest Officials and guards and other Govt. Servants on duty are exempted from the purview of this prohibitory order. Any person feeling aggrieved by this order may approach the undersigned with a just cause and in writing seeking exemption from or to recind/alter/modify this order."

"In the event of any violation of this prohibitory order, action shall have to be taken against the violators U/S 188 of the IPC," it added.

The order issued by Golaghat district magistrate
The order issued by Golaghat district magistrate

Section 144 of CrPC Imposed in Biswanath

Meanwhile, similar orders were also issued by the Biswanath district magistrate ahead of Magh Bihu festivities kicking off which will see people barred from community fishing, an essential traditional practice during this time of the year among the Assamese community.

Biswanath district magistrate Dr Neha Yadav imposed Section 144 of the CrPC with immediate effect, mentioning that violations will attract penalties in accordance with the law.

The orders were issued with the view of community fishing "may likely cause a breach of public peace and tranquility in the 6th Addition of Kaziranga National Park & Tiger Reserve area."

The order further mentioned that miscreants may indulge in acts of violence leading to a law and order situation in the district, in view of which the prohibitory orders were issued.

According to the order, the following are prohibited:

  • Assembly of five or more persons except with prior permission from competent authority and movement into 6th Addition of Kaziranga National Park & Tiger Reserve Area.

  • No Person shall be allowed for fishing/catching along the boundary of the 6th Addition of Kaziranga National Park & Tiger Reserve Area.

  • No Person shall be allowed to carry any type of net etc. used for fishing/catching along the boundary of the 6th Addition of Kaziranga National Park & Tiger Reserve Area.

  • Movement of any person/persons by any type of boats along the boundary of the 6th Addition of Kaziranga National Park & Tiger Reserve Area.

The order read, "Whereas, It has been made to appear to me from the report of the Divisional Forest Officer, Biswanath Wildlife Division cum Deputy Director, Kaziranga Tiger Reserve, Biswanath Chariali vide the letter No. B/WBC/Allegalities/2024/78-81 Dad 12/01/2024 that there are chances of community fishing inside the 6th Addition of Kaziranga National Park & Tiger Reserve Area."

"Whereas, such community fishing inside the 6ª Addition of Kaziranga National Park & Tiger Reserve may likely cause a breach of public peace and tranquility in the 6 Addition of Kaziranga National Park & Tiger Reserve area."

"And whereas, such attempt of community fishing inside the 6 Addition of Kaziranga National Park & Tiger Reserve some miscreants/anti-social elements may try to indulge in acts of violence & may cause disturbance which may lead to law & order situation in this District," it added.

The order issued by Biswanath district magistrate
The order issued by Biswanath district magistrate
Community fishing has been prohibited in water bodies in and around the Kaziranga National Park in view of various reasons
Sec 144 Imposed In Kaliabor, Fishing Prohibited Across Kaziranga

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