MRIGANKAR SEKHAR DEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Present petition is filed in public interest under article 226 of the constitution of India seeking the following reliefs:

(2.) It is the case of the Petitioner that native and smuggled wildlife species find their way either in a government or privately owned zoological park/rescue centre/rehabilitation centre. Petitioner further submits that fauna species that ends up in private set-ups are kept in deplorable conditions and often succumb to untimely death without any proper environment, enclosure, feed and veterinary attention. In this backdrop, the Petitioner further submits that Sec. 11 of the RTI Act is a restricting provision since it required the private third party to give a consent before the Respondent no 2 can disclose information to the animal right activists and other public-spirited citizens such as the Petitioner about the conditions of the animals in such set-up.

(3.) To buttress the argument, the Petitioner relies on Articles 48A and 51A of the Constitution of India to highlight recognition of significance of protection of wildlife both as a Directive Principle of State Policy and Fundamental Duty of the citizens. Petitioner, further rightly points out, that every wild animal is a property of Government of India as per Sec. 39 of the Wildlife Protection Act 1972.