SUDIPA NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule made returnable forthwith. Heard all parties.

(2.) The above PIL petition is filed by practicing advocate in public interest with prayers to seek a direction restraining transfer and transportation of captive bred Elephants from Northeast India and in particular from the States of Tripura and Arunachal Pradesh to an Elephant Camp of respondent No.3 and the petitioner further seeks an order directing an inquiry into past transfers and transport of Elephants from North Eastern States.

(3.) In support of the prayers sought, the petitioner has relied upon a news report in the Hindu to show that there are several elephants in captivity in North East States of India particularly in Tripura, Assam and Arunachal Pradesh. The petitioner also relies upon a news article in www.nenow.in which refers to letters of wildlife organization. The petitioner submits relying on the article that many groups in these States are known to capture Elephants from the wild and force them into captivity for the purpose of selling them. The petitioner submits that the State of Tripura and Arunachal Pradesh propose to transfer around 30 Elephants between them to an Elephant Camp established by the respondent No.3 in Jamnagar, Gujarat. The petitioner submits that the Supreme Court by an interim order dtd. 4/5/2016 passed in Writ Petition No.743 of 2014 has restrained authorities from issuing certificate of ownership for captive Elephants and has further restrained their transfer outside their State. The petitioner submits that despite this order, transfers have been made in the past and in support of the said submission the petitioner relies upon a news report of eastmojo, a news website. The petitioner also submits that Elephants from the North East must not be transferred to a warmer climate in Gujarat. In this regard, the petitioner also relies upon an order dtd. 25/6/2019 passed by the Guwahati High Court in PIL No.39 of 2019 by which the authorities were directed to reconsider an order permitting transport of an Elephant for a religious procession.