YOGESH V BRAHMBHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Two practising advocates have approached this Court by way of Public Interest Litigation (`PIL') on the basis of a newspaper report appeared in the Times of India (daily) dated October 14, 1999 wherein it was inter alia stated that a female leopard was nabbed from village Vankuva near Asha Forest in Vadodara district. On 20th October, 1999 , in Gujarati vernacular newspaper `Gujarat Samachar', it was further reported that a female leopard had refused to take food and was starving on account of harassment, torture and trauma inflicted upon her.

(2.) It was the case of the petitioners that on coming to know about the aforesaid news, both of them went to Indroda Park, Gandhinagar on the same day where the female leopard was kept and found that she was left isolated in a cage without any attention or medical treatment. At about 3 p.m. both the petitioners went to Vankuva to collect necessary facts pertaining to capturing of the animal and they found that capturing effected was totally illegal,unlawful, unethical and unjustified.

(3.) On the next day i.e. on 21st October 1999, the petitioners attempted to contact Mr. G.A.Patel, Chief Wild Life Warden but he was not available at the station. Petitioner No.2, therefore, contacted Mr. Pathak, a subordinate to Mr. Patel who informed petitioner No.2 that the animal was not likely to survive more. The petitioners, therefore, immediately approached this Court by filing a petition on 22nd October, 1999. Notice was issued on the same day and was made returnable on October 26, 1999. The female leopard,however, subsequently died. Petition was permitted to be amended in view of specific allegations that the wild animal died due to negligence and ill-treatment by the forest authorities. It was also alleged that when the female leopard was captured, she was healthy. Treatment report, dated October 18, 1999 revealed that majority of nails of the leopard were removed. It was stated that nails of wild cat, whether it is leopard, tiger or lion, are imbedded in the bone structure of paw and ordinarily, they cannot be removed. It was, therefore, alleged that physical violence must have been caused to her for removing nails and appropriate proceedings were required to be taken against erring officers.