CAPE FOUNDATION Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The grievance in this Public Interest Litigation pertains to the illegal transportation of elephants from the State of West Bengal. It is contended that as many as 24 elephants had been transported out of the State of West Bengal to different States. Upon filing of the writ petition, by an order dtd. 19/7/2019, a Co-ordinate Bench directed as follows:

(2.) In view of the alleged non-compliance with the order dtd. 19/7/2019, the petitioner had filed an application for contempt wherein an order dtd. 7/9/2022 was passed inter-alia directing the respondents as well as the intervenors to purge their contempt. In this context, it is important to mention that after the passing of the order dtd. 19/7/2019, the respondent no.5 Satyadeb Das claiming to be the Mahant of an Ashram where the three elephants were kept and alleging to be the lawful owner of the three elephants had complained of not being heard before passing of the order dtd. 19/7/2019.

(3.) Subsequently, by an order dtd. 4/5/2023 passed in (SLP) C No.18958 of 2022, the Hon'ble Supreme Court had set aside the above orders dtd. 7/9/2022 and 19/7/2019 respectively and directed to hear the added respondent no.5 and the other parties. By the said order, it was made clear that only the portion of the order dtd. 19/7/2019 which related to the added respondent no. 5 is set aside. The order directed that the issues raised in the writ petition be adjudicated afresh and also to take into consideration the Report of the Secretary, District Legal Services Authority, Gopalganj as regards to the habitation and health conditions of the subject elephants. All the questions relating to the merits of the matter were left open for consideration insofar as the respondent no.5 is concerned.