Bombay High Court
Courts On Its Own Motion vs Union Of India, Thr. The Ministry ... on 14 June, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
SUO MOTU PUBLIC INTEREST LITIGATION NO.5/2022
Court on its Own Motion
-Vs.-
Union of India and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. P.S. Tembre, Assisting Counsel to Amicus Curiae.
Mr. N.S. Deshpande, Deputy Solicitor General of India for respondent No.1.
Mr. D.P. Thakare, Additional Government Pleader for respondent Nos.2 to 5.
Mr. K.N. Shukul, Counsel for respondent No.6.
Mr. S.V. Manohar, Senior Advocate a/b Mr. A.S. Manohar, Counsel with Mr.
R.R. Deo, Counsel for the intervenor.
CORAM: A.S. CHANDURKAR & MRS. VRUSHALI V. JOSHI, JJ.
DATE : 14.6.2023
The present proceedings were entertained in public interest
in the light of newspaper report dated 5.9.2022 published in daily
Times of India, Nagpur Edition, wherein it was reported that the
Forest Department intended to shift wild elephants to another State
in the manner contrary to the directions issued by the Hon'ble
Supreme Court. After taking cognizance of the said proceedings,
various parties such as the State Zoo Authority and Project Elephant
Authority came to be impleaded as the respondents. An application
for intervention also came to be filed by the Radhe Krishna Temple
Elephant Welfare Trust with a view to render assistance to the Court
in resolving the issues involved. The application for intervention
came to be allowed and accordingly the matter is being considered by
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this Court.
2. Mr. Manohar, learned Senior Advocate for the intervenor has
invited our attention to the judgment of the Tripura High Court
dated 7.11.2022 in WP(C)(PIL) N0.17/2022 (Smt. Sudipa Nath
V/s. Union of India and others) wherein a High Power Committee
was constituted to take care of interest of captive elephants at large.
The said Committee was to function within the limits of the State of
Tripura. However, by an order passed in Miscellaneous Application
No.231/2023 (Muruly M.S. V/s. The State of Karnataka and others)
by the Hon'ble Supreme Court on 3.3.2023 the jurisdiction of the
said High Power Committee was extended to operate throughout
the territory of India. A further order came to be passed by the
Hon'ble Supreme Court in Writ Petition (Civil) No.1212/2021
(Prerna Singh Bindra & others V/s. Union of India and others) on
12.5.2023 observing that the remit of the High Power Committee
would cover all aspects concerned with the well-being of wild
elephants. On the basis of these orders, it is submitted that the
concerns sought to be raised in the present proceedings could be
permitted to be raised before the High Power Committee for being
considered in accordance with the directions issued by the Hon'ble
Supreme Court.
3. Considering the issues sought to be raised in the present
public interest litigation, we are of the view that the orders passed
and referred to hereinabove would take care of the larger interest of
wild elephants that is sought to be canvassed by the learned Amicus
Curiae. Thus, the learned Amicus Curiae is at liberty to bring to the
notice of the High Power Committee all such grievances that come to
his notice in the matter of well-being of wild elephants including the
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issues sought to be raised herein. In these facts, therefore, we do not
find it expedient to continue the present proceedings. The public
interest litigation is thus disposed of with aforesaid liberty. The
valuable assistance rendered by all learned counsel including the
learned Amicus Curiae as well as the learned Senior Advocate is
taken on record.
(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.)
Tambaskar.
