J&K High court stays cutting down distinctive 16-20 million Russian poplar trees

ThePrint had reported that the J&K administration had begun cutting the trees, citing an earlier HC order, on the grounds that the female variety could spread Covid-19.

Representational photo of Russian poplars in Kashmir | ANI

Srinagar:The Jammu and Kashmir High Court has stayed its own 2015 order  directing the civil administration to cut down Russian Poplar trees in the newly created union territory. 

Authorities had begun cutting down the trees stating that the pollen generated from the female variety could act as a carrier of the Covid-19 virus.

The court Friday asked the J&K administration to constitute a committee of experts within four days, to ascertain the desirability of cutting down Russian poplars on war footing basis.

The court direction comes days after the J&K civil administration cited the 2015 order and directed district authorities to carry out massive felling of the female variety of the tree that number anywhere between 16-20 million across the region.

ThePrint had reported on 8 April that domain experts as well as politicians believed that the decision to cut lakhs of trees would invariably result in a massive ecological and economic disaster. The high court order mentions ThePrint story on the felling of the Russian Poplars. 

The following day, on April 9, a Valley-based advocate, Habeeb Iqbal, wrote to the chief justice seeking judicial intervention.

“It is contended by Mr Habeel Iqbal that the indiscriminate felling of the trees (reported to be in several thousands) has severe adverse economic and ecological impact, which may be irreversible,” the high court said in its order.  “We have perused these media reports. Certain very pertinent issues have been pointed out.” 

“Significantly, a grave error is pointed out which is to the effect that female poplar trees have been directed by the authorities to be felled on account of the “pollen” generated by them. This by itself is a basic mistake,” the court added. “Pollen is generated by the male of the species and not by the female tree. Therefore felling of the female of the species would not have any impact.”

Court clarifies 3 April order

The high court had on 3 April, however, directed the Health and Medical Education secretary to examine the impact of pollen released by the trees and their ability to carry the Covid-19 virus.

Following that, the J&K administration ordered lopping/felling of the trees in both privately-owned and government land. The government first ordered that the branches of the poplars be trimmed but subsequent press releases from various district administrations stated that authorities had been asked to “axe” the trees. 

In its Friday order, the high court clarified that it had passed no direction regarding the felling of trees on 3 April.

“We make it clear that in our order dated 3rd April 2020, we had left the decision and action to be taken by the secretary, Health and Medical Education and had passed no direction regarding felling of the trees,” the court said.

“We were informed on 3rd April, 2020, by Mr. Shafqat Nazir, advocate, that there were previous court orders of 2015 with regard to felling of poplars. If this is the position, we today direct that any prior order directing felling of the poplar trees would be kept in abeyance till the above proceedings of the Committee and consideration directed today are completed, placed before us and further orders passed by us,” the order further stated.