Manipur High Court
Nongmeikapam Victina vs The Union Of India Represented By The ... on 20 November, 2024
SHAMURAILATPAM SUSHIL SHARMA Digitally signed by SHAMURAILATPAM SUSHIL SHARMA
Date: 2024.11.20 12:16:23 +05'30'
Page |1
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
PIL No. 12 of 2024
Nongmeikapam Victina, aged about 32 years, D/o N.
Tharongou Singh, a resident of Thangmeiband
Yumnam Leikai, P.O. Lamphel & P.S. Imphal,
District- Imphal West, Manipur.
...Petitioner
-Versus-
1. The Union of India represented by the Secretary
Forest and Wildlife Division, Ministry of Environment,
Forest and Climate Change, Indira Paryavaran
Bhawan, Jorbagh Road, New Delhi - 110 003.
2. The State of Manipur represented by Principal Chief
Conservator of Forest & Head of Forest Force,
Government of Manipur, Sanjenthong, Imphal-
795001.
3. Committee for the procurement or Welfare of Wild
Animals by any rescue or rehabilitation center or zoo,
Headed by retired Justice Deepak Verma 3-No. B4,
Ground Floor, Geetanjali Enclave, New Delhi -
110017.
.... Respondents
PIL No. 12 of 2024
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BEFORE
HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL
HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU KABUI
For the Petitioner :: Mr. Sarosh Damania, Advocate
Mr. Zinranso Shatshang, Advocate
For the Respondents :: Mr. W. Darakeshwar, Sr.PCCG
for R1;
Mr. H. Debendra, Dy. AG, Manipur
Assisted by Mr. I. Amri, Advocate
for R-2.
Date of Hearing and
Reserving Judgment
& Order :: 21.10.2024
Date of Judgment & Order :: 20.11.2024.
JUDGMENT AND ORDER
(CAV)
Siddharth Mridul (C.J.),
1. The instant Public Interest Litigation has been
instituted by a practicing Advocate assertedly premised on
information obtained from the public domain and principally on the
strength of articles published in the "Hindu" as well as NE NOW
(annexed to the petition as Annexures A/3 and A/5 respectively);
essentially praying for an appropriate direction that the High
Powered Committee (HPC) formed by the High Court of Tripura at
Agartala in Sudipa Nath vs. Union of India and Others reported
as 2022 SCC OnLine Tri 691 (annexed as Annexure A/2 to the
present petition) and granted pan-India status by the Hon'ble
Supreme Court of India in Muruly M.S. -versus- State of
PIL No. 12 of 2024
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Karnataka and Others reported as 2023 SCC OnLine SC 224
(annexed as Annexure A/1 to the present petition); be declared
redundant and otiose and further direct it not to consider any matter
of transfer of wild or captive Elephants as its tenure and purpose
has come to an end; and consequently, also to issue direction for
the dissolution of the said HPC, respondent No. 3 herein.
2. In other words, axiomatically, the petitioner seeks
declaratory relief that HPC's tenure and purpose has come an end
and praying for a further direction dissolving the HPC.
3. The HPC in question as aforestated was first
established by the High Court of Tripura in Sudipa Nath (supra) by
issuance of the following directions :
"27. To our minds, the following disputed questions
arise from the petitioner's allegations, albeit, without
material, but pertinent enough to us and allegations that
must be ascertained by the authorities, if nothing then out
of caution, before transfer of these 23 Elephants;
a. Whether there exists any transaction of a commercial
nature in the transfer of any of the 23 Elephants in
question?
b. Whether Elephants at the Elephant Camp of respondent
No.3 are subjected to any form of cruelty?
c. Whether permissions granted to the Elephant Camp of
the respondent No.3 are in force and valid as on date?
PIL No. 12 of 2024
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d. Whether the infrastructure and facilities of the
Elephant Camp of the respondent No.3 are conducive to
housing captive Elephants for lifelong care?
e. What is the current status of housing, food and
veterinary care being provided to the 23 Elephants by
their respective owners?
f. Whether there is sufficient veterinary care adhering to
a standard of reasonable care available at the Elephant
Camp of the respondent No.3?
g. Whether the Elephant Camp of the respondent No.3 has
sufficient infrastructure and space to accommodate the
proposed 23 Elephants?
h. Whether the respondent No.3 has sufficient cash flow
or financial capacity to manage existing and 23
additional proposed Elephants?
i. Whether there exist sufficient, competent and qualified
staff to manage the care of the existing and 23 additional
proposed Elephants?
j. Whether the Camp of the respondent No.3 is of a
commercial nature and is operated for any commercial
purpose?
k. Whether there is any mechanism to ensure no cruelty is
meted out or mismanagement occurs in relation to the
Elephants at the camp of the respondent No.3?
l. Whether climatic conditions at the Elephant Camp of
the respondent No.3 are conducive to Elephants?
m. Whether the Elephants at the camp of respondent No.3
are handled using humane and proper techniques?
PIL No. 12 of 2024
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n. What are the causes of casualties, if any, at the
Elephant Camp of the respondent No.3 and whether such
causes are on account of any action, omission or breach
of standard duty of care by the respondent No.3?
o. Whether the transfer of the 23 Elephants to the
Elephant Camp of the respondent No.3 will be in the
interest of some or all of the said Elephants after
conducting a comparative analysis of the existing status
and quality of housing, food and veterinary care being
provided by their respective owners and to be provided by
the respondent No.3?
p. As transfer of the proposed 23 Elephants would require
their relocation to another place, whether on overall
assessment of all factors, the transfer would be in the
paramount interest of the Elephant?
28. As stated earlier, a writ court would be
unequipped to determine disputed questions of facts.
However, we propose to form a High Powered
Committee (HPC) to be headed by retired Judge of the
Hon'ble Supreme Court of India, Hon'ble Mr. Justice
Deepak Verma who himself is an avid animal lover and
has dealt with several matters relating to animals. We
further propose to appoint expert members to the said
HPC to assist the Chairperson. We propose to appoint,
the Director General of Forests (Union of India), Head
of Project Elephant Division (MoEF) and Member
Secretary (Central Zoo Authority of India), the Chief
Wild Life Warden (State of Gujarat), the Chief Wild Life
Warden (State of Tripura) and the Chief Wild Life
Warden (State of Arunachal Pradesh). We further
PIL No. 12 of 2024
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propose that the Chairman of the said HPC shall co-opt
an expert having experience about Elephants as a
member of such HPC. The Chairman may also consider
taking assistance from the Chairman of the Animal
Welfare Board of India (AWBI).
29. The said HPC to be chaired by Hon'ble Mr.
Justice Deepak Verma shall treat the questions framed by
us in paragraph 27 above as 'Terms of Reference' and
carry out the necessary fact finding exercise. Thereafter
the Chairperson of the HPC shall make his report and
provide a copy to all concerned. The Chairperson of the
HPC shall then send his recommendation Elephant wise
to the concerned Chief Wild Life Warden of the concerned
State either recommending or not recommending the
completion of the transfers, as the case may be.
30. In case the Chairperson of the HPC recommends
that an Elephant or Elephants should not be transferred,
then the concerned Chief Wild Life Warden shall take
steps to either confiscate the Elephant or take an
undertaking from the concerned owner that the Elephant
shall be taken care of without any cruelty. In case where
such undertaking is taken, the concerned Chief Wild Life
Warden shall be bound to monitor the Elephant
concerned in regular intervals and take further steps, if
necessary, accordingly.
31. In cases where the Chairperson of the HPC
recommends that an Elephant or Elephants be transferred
to the camp of the respondent No.3, the concerned Chief
Wild Life Warden shall ensure that the transfer of the
Elephant is undertaken in the most appropriate manner
PIL No. 12 of 2024
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conducive to the Elephants and further the concerned
Chief Wild Life Warden shall request the jurisdictional
police to ensure smooth passage of the Elephant
concerned. Such jurisdictional police shall be bound to
render all assistance to ensure smooth passage of the
Elephant concerned.
32. Before parting, we would like to record that despite
our limited knowledge of the subject, we are conscious of
the stark distinction between a Captive Elephant and an
Elephant in the wild. In our reading and understanding of
the subject, once an Elephant is bred in captivity or is in
captivity for several years, the hope of their
reintroduction in wild is bleak. A lifetime or even a
reasonably long time in sheltered existence is sufficient to
incapacitate an Elephant from surviving in the wild. They
seldom learn crucial survival skills and are too
habituated to human contact. Lacking a natural fear of
humans, they are vulnerable to poachers and ill equipped
for life in the wild. These creatures become so imprinted
with humans and dependent on humans that their survival
in the wild becomes next to impossible. In such a situation
finding a safe, restful and tranquil home for them must be
the paramount consideration of all concerned. If the HPC
finds that the camp of the respondent No.3 is such safe,
restful and tranquil home then we do not think the Court,
authorities or any citizen can come in the way, but if it is
not, then the authorities must take all steps to find a safe,
restful and tranquil home for Elephants who are in
captivity.
PIL No. 12 of 2024
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33. We are also conscious of the fact that it becomes
difficult for private individuals or Forest and Wildlife
Departments to take care of captive Elephants for reasons
of lack of manpower, finances, space and infrastructure.
There is nothing wrong in taking assistance of camps and
facilities run by trusts and welfare organizations.
However, in all cases the paramount consideration must
be the welfare of the Elephants.
34. In view of the aforesaid, we pass the following order:-
a. We direct the Project Elephant Division of the Ministry
of Environment, Forests and Climate Change to issue
necessary directions to all Chief Wild Life Wardens to
take all steps necessary to curb and put to an end, the
capturing of wild Elephants, if any, from the wild
including:-
i. Directing a census of all Elephants in captivity of
private persons or Government departments and creation
of an inventory of the same with their name, details of
ownership certificate, microchip number and photograph.
ii. Directing inspection and verification of Certificate of
Ownerships of all Elephants in captivity and in case there
is no Certificate of Ownership, to either issue a
provisional Certificate of Ownership or confiscate the
Elephant after carrying out necessary inspection and
verification of the history and source of the Elephant.
iii. Directing a proper DNA sequencing for new offspring
to be conducted so as to identify and prevent capture of
young Elephants from the wild.
PIL No. 12 of 2024
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b. We do hereby appoint a High-Powered Committee
(HPC) under the Chairmanship of Hon'ble Shri Justice
Deepak Verma (Former Judge, Supreme Court of India).
We hereby appoint the following persons (by designation)
as members of the said HPC:
i. Director General of Forests (Union of India);
ii. Head of Project Elephant Division (MoEF);
iii. Member Secretary (Central Zoo Authority of India);
iv. Chief Wild Life Warden (State of Tripura) for
Elephants from State of Tripura; and
v. Chief Wild Life Warden (State of Gujarat).
c. The Chairman of the HPC shall co-opt an expert having
experience of Elephants as a member of such HPC. The
Chairman may also consider taking assistance of the
Chairman, Animal Welfare Board of India for the
purposes of the HPC.
d. All other members of the HPC shall render all
assistance and for that purpose shall use all powers
vested in them including taking assistance of other
officers of their respective departments as directed by the
Chairman and also to take assistance of the local police
as and when necessary, to enable the HPC to carry out
the functions requisitioned by this order.
e. The members of the HPC shall carry out a thorough
and detailed physical inspection of the Trust. They shall
be entitled to access and inspect all areas and facilities of
the Trust. They shall be entitled to access and inspect all
documents of the Trust. They shall also be entitled to
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interview and question the staff and officers of the Trust.
The HPC is requested to carry out the inspection at the
earliest and in any case within 10 days from the date of
this order.
f. The respondent No.3 is directed not to interfere with or
restrict the members of the HPC from carrying out their
inspection in any manner that they deem fit. The
Chairman shall be entitled to take assistance of as many
professionals, including photographers, videographers,
vets, architects as he deems fit, for the purpose of the
inspection.
g. The respondent No.3 shall render all assistance and
provide all necessary arrangements as requisitioned by
the Chairman of the HPC for the purpose of the
inspection.
h. The Chairman of the HPC may direct formation of one
or more groups consisting of at least 3 members (of which
at least one should be from the HPC and other experts) to
carry out a physical inspection at the current location of
the 23 Elephants and submit factual findings on such
questions as the Chairman may deem fit and proper
including on the allegation that they are purported to be
captured from the wild. Due regard would be had to the
said factual findings in the report.
i. The HPC shall in the first instance make a report on the
questions in paragraph 27 of this order and it shall
endeavour to do the same within a period of two weeks
from the date of communication of this order.
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j. The Chairman of the HPC shall make a report and
provide a copy of the same to all concerned preferably
within a period of two weeks from the date of
communication of this order.
k. The Chairman of the HPC shall then forward his
recommendation Elephant-wise to the concerned Chief
Wild Life Warden either recommending or not
recommending the completion of the transfers, as the case
may be.
l. In case the Chairperson of the Committee recommends
that an Elephant or Elephants should not be transferred,
then the concerned Chief Wild Life Warden shall take
steps to either confiscate the Elephant or take an
undertaking from the concerned owner that the Elephant
shall be taken care of without any cruelty. In case where
such undertaking is taken, the concerned Chief Wild Life
Warden shall be bound to monitor the Elephant
concerned in regular intervals and take further steps if
necessary accordingly.
m. In cases where the Chairperson of the Committee
recommends that an Elephant or Elephants be transferred
to the camp of the respondent No.3, the concerned Chief
Wild Life Warden shall ensure that the transfer of the
Elephant is undertaken in the most appropriate manner
conducive to the Elephants and further the concerned
Chief Wild Life Warden shall request the jurisdictional
police to ensure smooth passage of the Elephant
concerned. Such jurisdictional police shall be bound to
render all assistance to ensure smooth passage of the
Elephant concerned.
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n. In case the Chairman of the HPC finds any other fault
or discrepancy, he shall forward its report with necessary
recommendation for taking necessary corrective steps or
action to the Secretary, Ministry of Environment, Forest
& Climate Change, Secretary, Forest Department of
States of Gujarat, Tripura and Arunachal Pradesh as
necessary or deemed fit by the Chairman of the HPC.
o. We direct that all police authorities, officers of forest
and wild life departments, officers of the Central Zoo
Authority, Project Elephant and officers of the Ministry of
Environment, Forest and Climate Change, to whom a
request for assistance is made by the Chairman of the
HPC, shall be bound and liable to render all necessary
assistance to the HPC and its members to carry out the
functions of the HPC.
p. We direct that in order to bring about checks and
balances in transfer of Elephants, the HPC shall continue
to exist beyond these 23 Elephants and shall be consulted
by the concerned Chief Wild Life Warden as the case may
be before granting any travel permit. No travel permit
shall be granted without the recommendation of the HPC.
For such purpose, the HPC shall carry out the exercise it
deems fit bearing in mind the observations made and the
purport of the present order.
q. The costs of the HPC shall, insofar as the costs of the
members are concerned, since their appointment is by
designation, the costs shall be borne by their respective
departments or employing authority.
r. The Chairman shall be entitled an honorarium of
Rs.5,00,000/- (Rupees Five Lakh Only) and costs of the
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Chairman shall be reimbursed to him by the respondent
No.3 without demur against a Bill of Costs. Such
honorarium and costs shall be paid in advance and in any
case before the Chairman sends his recommendations to
the concerned Chief Wild Life Warden.
s. In case the Chairman of the HPC is required to carry
out functions under this order beyond the afore-referred
23 Elephants, the Chairman shall convene the HPC with
the same composition of respective designations and the
HPC shall have the same functions as above and the HPC
shall be provided with the same assistance as above.
t. In case the Chairman of the HPC is required to carry
out functions under this order beyond the afore-referred
23 Elephants, entitled to an honorarium of Rs.100,000/-
(Rupees One Hundred Thousand Only) and
reimbursement of costs in the same manner as above."
4. The jurisdiction and scope of the HPC as constituted
by the High Court of Tripura was further extended by the directions
issued by the Hon'ble Supreme Court in Muruly M.S. (supra) in the
following terms :
"7. Our attention has also been invited to a reasoned
and detailed judgment dated 07.11.2022 passed by the
Tripura High Court in Writ Petition (Civil - PIL) No.
17 of 2022 seeking 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 the elephant camp
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of respondent no. 3. The High Court of Tripura, while
declining to grant relief prayed by the petitioner
therein, constituted a High Powered Committee (for
short 'HPC') headed by the retired Judge of this Court,
namely, Hon'ble Mr. Justice Deepak Verma, as its
Chairman, and Members (by designation), which
included Director General of Forests (Union of India),
Head of Project Elephant Division (MoEF), Member
Secretary (Central Zoo Authority of India), Chief Wild
Life Warden (State of Tripura) for Elephants from State
of Tripura and Chief Wild Life Warden (State of
Gujarat). The said order further provides that the
Chairman of the HPC shall co-opt an expert having
experience of Elephants as a Member of the Committee
and the Chairman may also consider taking assistance
of the Chairman, Animal Welfare Board of India.
Various well thought of directions were issued for the
smooth functioning, powers, jurisdiction and assistance
to be provided to the said HPC.
8. Though the scope and jurisdiction of the High
Powered Committee was limited by the High Court to
transfer of the elephants from Northeast part of the
country to the elephant camp of respondent no. 3, we
see no reason not to extend it to Pan India,
particularly, when by extending the jurisdiction of
High Powered Committee at Pan India level will not
only serve the real public interest and would advance
the cause of welfare, care and rehabilitation of wild
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animals, but will also curb the filing of frivolous PILs
before different High Courts by busy bees.
9. In view of aforesaid facts and circumstances, we
deem it appropriate to extend the jurisdiction and
scope of High Powered Committee as constituted by
the High Court of Tripura, with the modification that
the Chief Wild Life Warden(s) of the State(s) to which
the issue relates will be the co-opted as Members of the
said Committee in place of the Chief Wild Life Wardens
of Tripura and Gujarat, throughout the territory of
India, leaving it open to the Committee to conduct
necessary checks and to undertake fact finding exercise
in any pending or future complaint in this regard. The
said Committee may also consider the request for
approval, dispute or grievance, concerning transfer or
import into India or procurement or welfare of wild
animals by any rescue or rehabilitation centre or zoo,
by taking assistance and co-operation whenever needed
from all departments and authorities across India. We
also direct that all complaints in this regard may be
forwarded forthwith to the High Powered Committee
for consideration and recommending appropriate
action.
10. We further direct that all State and Central
Authorities shall forthwith report seizure of wild
animals or abandonment of captive wild animals to the
Committee and the Committee shall be at liberty to
recommend transfer of ownership of captive animals or
of seized wild animals to any willing rescue centre or
PIL No. 12 of 2024
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zoo for their immediate welfare, care and
rehabilitation."
4. From the above extracted paragraphs, the mandate,
authority, scope and jurisdictions of the HPC may be encapsulated
as follows:
i) to consider the question of whether an Elephant should be
transferred or not on any request/application made for that
purpose to the Chief Wild Life Warden or the HPC;
ii) before deciding such request/application, to carry out a fact
finding enquiry, if deemed necessary, by itself or through a
group appointed by it on such of the applicable terms of
reference as set out in paragraph 27 in particular of Sudipa
Nath (supra);
iii) to thereafter recommend (approval or rejection) of the
request/application of the inter-State or intra-State transfer of
an Elephant to the Chief Wild Life Warden of the concerned
State;
iv) to give the concerned Chief Wild Life Warden,
directions/recommendations in case of rejections of
request/application for transfer of an Elephant including for its
confiscation or its care/upkeep and supervision;
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v) to conduct necessary checks and to undertake fact finding
exercise into complaints made in regard to transfer of Elephants
and give recommendations;
vi) to consider disputes or grievances and give recommendations
concerning transfer/procurement or import of animals by zoos,
rescue centers or rehabilitation centres and
vii) to consider reporting of seizures of wild animals or
abandonment of captive wild animals and recommending
transfers to willing rescue centres or zoos for their immediate
welfare, care and rehabilitation.
5. The petitioner has also prayed for directions against
the Union of India and the State of Manipur arrayed as respondent
Nos. 1 and 2 to the present petition, to strictly implement Section
63(1) (viii) of the Wild Life (Protection) Act, 1972 and the Captive
Elephant (Transfer or Transport) Rules, 2024 with further direction
to the official respondents not to issue any certificate of ownership
for any Elephant after 14th of March, 2024.
6. We have carefully considered the Captive Elephant
(Transfer or Transport) Rules, 2024 and observe that they
specifically address the transfer of captive Elephants for religious or
other purposes between individuals; establishing a designated
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mechanism for such transfers. However, it is, pertinent to note, that
the Rules do not extend to other animal species. Further, they do
not cover matters relating to re-possession, seizure, rescue and
rehabilitation of animals, including Elephants, nor do they address
the issue of disputes/grievances or complaints or provide for the
immediate welfare of ceased or abandoned animals including
Elephants. Furthermore, they do not address one important aspect
duly noted by the High Court of Tripura in Sudipa Nath (supra)
whereby the HPC was directed to ensure that "the paramount
consideration must be the welfare of the Elephants".
7. The intent and purport of the directions issued by the
High Court of Tripura and the Hon'ble Supreme Court is evident;
that the HPC shall oversee and supervise matters relating to
Elephants as well as other animals in need with particular emphasis
on their welfare with specific emphasis on keeping their welfare as
the paramount consideration.
8. It must be observed that the members of the HPC
formed by the High Court of Tripura and given pan-India jurisdiction
by the Hon'ble Supreme Court of India includes apart from a former
judge of the Apex Court, the highest functionaries such as the
Director General for Forest, head of Project Elephant India, Member
Secretary-Central Zoo Authority, Chief Wild Life Warden of the
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State concerned as well as experts, as its members. Needless to
state that these are individuals with years of experience and
knowledge of wildlife matters and legal aspects thereof. The
collective wisdom, expertise and experience of such a distinguished
panel of members with specific sectorial domain expertise
knowledge and experience surely ensures holistic and effective
decision making on matters highlighted by the Hon'ble Supreme
Court of India in Muruly M.S. (supra) and in particular paragraphs
9 and 10 thereof.
9. Therefore, in our considered opinion, the remit,
purpose, objective and most significantly the mandate of the HPC
is overarching and clearly independent of the Captive Elephant
(Transfer or Transport) Rules, 2024.
10. The main thrust of the argument canvassed on behalf
of the petitioner that the HPC was a stopgap arrangement, till Rules
were framed, does not commend itself to us. Firstly, there is no such
indication in the orders of the Hon'ble High Court of Tripura or the
Hon'ble Supreme Court. Secondly, it is not as if transfers of
Elephants have been permitted for the first time under these Rules.
The transfer of Elephants from one person to another was never
prohibited under the Wild Life (Protection) Act, 1972 as is clear from
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a plain reading of Section 40 (2) thereof which prior to its latest
amendment read as under :-
"40. ............................................................
.....................................................................
(2) No person shall, after the commencement of this Act,
acquire, receive, keep in his control, custody or
possession, sell, offer for sale or 420 otherwise transfer
or transport any animal specified in Schedule I or Part II
of Schedule II or any uncured trophy or meat derived from
such animal, or the salted or dried skins of such animal
or the musk of a musk deer or the horn of a rhinoceros,
except with the previous permission in writing of the Chief
Wild Life Warden or the authorised officer.
[(2A) No person other than a person having a certificate
of ownership, shall, after the commencement of the Wild
Life (Protection) Amendment Act, 2002 (16 of 2003)
acquire, receive, keep in his control, custody or
possession any captive animal, animal article, trophy or
uncured trophy specified in Schedule I or Part II of
Schedule II, except by way of inheritance.
[(2B) Every person inheriting any captive animal, animal
article, trophy or uncured trophy under sub-section (2A)
shall, within ninety days of such inheritance make a
declaration to the Chief Wild Life Warden or the
authorised officer and the provisions of sections 41 and
42 shall apply as if the declaration had been made under
sub-section (1) of section 40:
Provided that nothing in sub-sections (2A) and (2B) shall
apply to the live elephant.]"
11. The competent authority for allowing such transfer in
terms of the above provision was the Chief Wild Life Warden. Thus,
what has been effectively done by the Rules is simply to prescribe
a manner or receipt and disposal of applications at the level of the
Chief Wild Life Warden and to further provide the applicant to carry
P a g e | 21
and appeal a rejection of their application before the State
Government. Therefore, we see no erosion of the foundation of the
judgments of the High Court of Tripura or the Hon'ble Supreme
Court of India in the said Rules.
12. Consequently, in our opinion, the mandate, authority,
scope and jurisdiction of the HPC continues, notwithstanding the
above Rules and no transfer of Elephants can be made without the
approval of the HPC. In our opinion, even if a person holds a
certificate of ownership, the authorities under the Wild Life
(Protection) Act, 1972 and Rules thereunder can always take action
of seizure or re-possession of an animal or Elephant if the same is
in the best interest and welfare of such animal or Elephant. The
HPC is unequivocally and specifically empowered to recommend
such action in the event it is brought to its attention that the living
situation of an animal or Elephant is being compromised.
13. The fundamental contention of the petitioner being
devoid of merit, no question arises of considering the other reliefs
sought which are consequential in nature. It is obvious that the
respondents are to act in accordance with the law and no writ of
mandamus can be issued by any Court in that regard without the
petitioner having brought to light any specific breach, misapplication
or misinterpretation of the law, as in the present case.
P a g e | 22
14. In view of the foregoing, the present Public Interest
Litigation is meritless and is hereby dismissed without any order as
to costs.
JUDGE CHIEF JUSTICE
FR/NFR
Sushil
