Orissa High Court
Gita Rout vs State Of Odisha And Others on 25 August, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) Nos.14706 of 2022, 9056 of 2013,
19625 and 22421 of 2015
W.P.(C) No.14706 of 2022
Gita Rout .... Petitioner
Mr. Ashis Kumar Mishra, Advocate
W.P.(C) No.9056 of 2013
Balagopal Mishra and another .... Petitioners
Mr. G.P. Mohanty, Advocate
W.P.(C) No.19625 of 2015
Mrinalini Padhi .... Petitioner
Mrs. Mrinalini Padhi, In Person
W.P.(C) No.22421 of 2015
Dwija Dalpati .... Petitioner
Mr. Gautam Misra, Sr. Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Ashok Parija, Advocate General assisted with
Mr. D.K. Mohanty, AGA
Mr. Iswar Mohanty, ASC
CORAM:
THE CHIEF JUSTICE
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 25.08.2022
08. 1. Pursuant to the order passed by this court on 8 th August,
2022, two affidavits have been filed in Court. The first is by
the Director General of Police (DGP) in which the proceedings
of the meeting held on 17th August, 2022 under the
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Chairmanship of the Chief Secretary of Odisha has been
enclosed. A decision was taken on that meeting to constitute a
Joint Task Force (JTF) comprising officers from the Forest
and Police Departments to investigate different cases of
unnatural deaths of the elephants in the State. The JTF is to
work under the Principal, Chief Conservator of Forests
(PCCF), Wildlife in his office and the DGP is expected to
provide the required number of police officials of different
ranks to act as members of the JTF.
2. Apart from the issue of poaching and unnatural deaths of
elephants, the JTF is to look into the cases of poaching of
tigers, leopards and illegal trade of pangolins. One Public
Prosecutor in each district is expected to be entrusted with the
handing of these cases. There are certain other tasks set out for
the JTF including the creation of awareness about protection
of wildlife "among all the stakeholders".
3. Conscious that the proceedings do not commit the JTF to
any definite time-line and considering that the other affidavit
filed today by the PCCF enclosing the details of the pending
cases shows that in a large number of cases charge sheets are
yet to be filed, the Advocate General volunteers that the
necessary corrective steps would be taken within three months
and within the same period, charge sheets would be filed in all
those cases which are yet to be filed.
4. The Court finds that while the steps proposed are in the
nature of 'remedial' action, there is nothing stated in terms of
'preventive' action. Further, the Court finds that the
composition of the JTF is not broad-based to accommodate the
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views of wildlife experts or civil society groups involved in
wildlife conservation or those working with farmers who may
have lost their crops and other interested persons engaged in
the issue of man-animal conflict. The learned Advocate
General volunteers that the JTF will either co-opt wildlife
experts and civil society groups or consult them in all its
deliberations which will take place at least once every
fortnight so that a comprehensive action plan can be drawn up
including both the preventive and remedial elements.
5. Considering the number of petitions raising these very
issues pending before this Court, a direction is issued that
counsel in each of the petitions will prepare a short summary
of their respective suggestions and provide them to the
Advocate General within a week's time to enable him to
examine all the suggestions and place it before the JTF for its
consideration. This would include examining the orders dated
13th February, 2012 of the Supreme Court in T.N.
Godavarman Thirumulpad v. Union of India (2012) 3 SCC
277 concerning the "Asiatic Wild Buffalo", the judgment of
the Karnataka High Court in Suo Motu v. State of Karnataka
(W.P.(C) No.14029 of 2008), the judgment of the Madras
High Court in S. Manoj Immanual v. Union of India
(W.P.(MD) No.19711 of 2018) and the decision of the
Supreme Court in Hospitality Association of Mudumalai v. In
defence of Environment and Animals (2010) 10 SCC 589.
Further, the measures taken by the State of Assam in tackling
similar problems in that state concerning elephant-human
conflict will also be examined by the JTF.
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6. Considering that the PCCF is going to be the Convener of
the JTF, a direction is issued to the PCCF to place before this
Court along with an affidavit, the comprehensive action plan
drawn up by the JTF, before the next date.
7. The Court takes note of the fact that there have been more
deaths of elephants since the previous hearing. The Court has
been shown a news item that only this morning, two female
elephants were electrocuted inside the Krishi Vigyan Kendra
in Judia under Keonjhar Sadar. The Advocate General further
states that the PCCF will a file further affidavit on the next
date placing on record the result of the investigation into the
said deaths.
8. List on 26th September, 2022.
(Dr. S. Muralidhar)
Chief Justice
(Chittaranjan Dash)
Judge
KC Bisoi
