ANGELS NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) This intra court appeal is filed by the petitioner in WP(C) No.4366 of 2022 challenging judgment dtd. 22/3/2023 of the learned Single Judge.

(2.) The appellant is the General Secretary of the NGO, 'Animal Legal Force Integration', and is an animal lover. Ext.P1 newspaper report dtd. 21/1/2022 under the caption 'Get nod to shoot leopard if needed' prompted the appellant/petitioner to file the writ petition. A mother leopard delivered two cubs inside an uninhabited house in Ummini Village in Akathethara Panchayat in Palakkad District. It is alleged that on getting information on 9/1/2022, the forest officials immediately took away the cubs in violation of the Standard Operating Procedure (SOP) issued by the National Tiger Conservation Authority (NTCA), to the Divisional Forest Office at Palakkad. It is further alleged that video footage was circulating in the social media that four people not in uniform came with a used cardboard box, picked up the two cubs with bare hands and rushed out hurriedly. According to the appellant, since the forest officials took away the cubs, the mother leopard was causing threat to the villagers in search of the cubs. After consideration of the issue, the learned Single Judge found that the cubs were removed from the spot since the ground situation warranted such action on the apprehension that the cubs would be harmed by the people assembled at the spot. It was observed that attempts were made to save the lives of the cubs and the materials do not indicate that the officials have committed hunting or any other offence under the Wildlife (Protection) Act, 1972 (for short, 'the Act') and that the apprehension that the leopard would be shot does not subsist since the leopard returned to its natural environment with one of its cubs. Accordingly, the writ petition was closed, noting that nothing survives for consideration. Aggrieved by this, the writ petitioner has come up in appeal.

(3.) Heard Sri.Angelsnair, the appellant/ petitioner, who appeared in person; and Sri.T.P.Sajan, learned Special Government Pleader (Forest).