Tripura High Court
Ms. Paramita Sen vs The State Of Tripura & Others on 1 May, 2024
Author: Arindam Lodh
Bench: Arindam Lodh
Page 1 of 6
HIGH COURT OF TRIPURA
AGARTALA
WP(C)(PIL) No.01 of 2024
Ms. Paramita Sen
.........Petitioner(s);
Versus
The State of Tripura & others
.........Respondent(s).
For Petitioner(s) : Ms. Paramita Sen, Petitioner in person
For Respondent(s) : Mr. Kohinoor N. Bhattacharyya, G.A.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
HON'BLE MR. JUSTICE ARINDAM LODH
Order
01/05/2024
Heard petitioner in person Ms. Paramita Sen, who is also a learned
counsel of this Court and Mr. Kohinoor N. Bhattacharyya, learned Government
Advocate for the respondents-State.
2. The present petition is filed for directing the respondents to take
appropriate measures to take the custody of an abused elephant and her
calf/calves from the owner in the district of Unakoti based upon a video which
had gone viral on Facebook. On going through the video, petitioner found that
the elephant was pregnant with an unweaned calf at Chinibagan area. She was
being driven by the mahout in an inhuman manner towards Kailashahar. She
had injuries, wound, and abscess all over her body which were left untreated for
long. Both her hind legs got bent and there was a huge lump on front left leg of
that elephant. There was a big wound on the left portion of her abdomen area
which was discharging pus. Petitioner, being a local animal right activist, took
initiative to collect detail information of the owner and filed a written
complaint to the Sub-Divisional Forest Officer, Kailashahar on 08.04.2024.
Thereafter, they could start the treatment of that elephant. She further came to
know that the elephant has been subjected to cruelty in different manners by its
owner. The breeding of the elephant has been done illegally for a long period
and she has given birth of about six calves in total. She is also pregnant at
present. The owner was keeping the elephant without licence which is against
the provisions of Prevention of Cruelty to Animals Act and the Wildlife
Protection Act. The unweaned calf was also subjected to cruelty. Thereafter,
she lodged a complaint before the Secretary, State Animal Welfare Board with
a copy to the Principal Chief Conservator of Forests as well as DFO, Unakoti to
take legal action against the owner and to confiscate the animal in accordance
with law, also to take custody of the elephant and her abused calves and ensure
their rehabilitation. However, since no legal action was being taken by the
concerned authorities, she has been compelled to approach this Court in the
present PIL. According to her, elephants are protected animals under Schedule-
I of the Wildlife (Protection) Act, 1972. However, most of the elephants in the
State are unprotected.
3. When the matter was mentioned in the previous week and ordered
to be listed today, we had also asked the learned Government Advocate Mr.
Kohinoor N. Bhattacharyya to inquire into the matter and seek a report.
Learned Government Advocate has produced an action taken report submitted
by the Chief Wildlife Warden as on 30.04.2024 in respect of the elephant
'Pratima' and her calf named 'Maniklal'. The report along with its annexures is
taken on record. The report is also extracted hereunder as it details the pro-
active steps taken by the Chief Wildlife Warden, Tripura and the officials of the
Forest Department:
"As per records available records at the Forest Headquarters, the
elephant is in the possession of Shri Jahur Uddin s/o Late Shri Haji Habib Uddin
of Irani, Kailashahar, Unakoti. The elephant is 56 years old having micro-chip no
0008061B31 as per the records available. The elephant is having a calf of about 2
years of age.
The DFOUnakoti has submitted two reports dated 16/04/2024 which is
annexed as Annexure-I and 23/04/2022 (Annexure-II) regarding the said
elephant, to Forest Head Quarters wherein necessary taken by the Forest
Department as well as ARDD deptt is contained. Copies of the reports enclosed.
The treatment of the said elephant was started as soon as the information reached
the Forest and ARDD authorities and the Chief Wildlife Warden himself visited
the animal on 13.04.2024 and discussed with all concerned and instructed for
continuous treatment of the animal by veterinarians at the cost of the owner as it
was difficult to transfer the elephant from the spot as it was unable to walk. The
owner was asked to co-operate in this. He also instructed the veterinary doctor
from the Sepahijala Zoological park to move there the next day and check the
elephant.
In addition, a team of experts from VANTARA from Jamnagar, Gujarat
also joined and supported the treatment process since 19.04.2024 undertaken by
forest and ARDD departments as per the report of the DFO, Unakoti dated
23/04/2024. The Vantara Team and ARDD team have recommended shifting of
the elephant to advanced facility for better treatment. The SDFO Kailashahar had
been requested to pursue with the owner for giving consent for shifting the ailing
captive elephant for better treatment. Daily the status was monitored by the staffs
at field and CWLW at FHQ. During this process one supervising staff also got
detained on 25.04.2024 by the elephant owners for pursuing this with them as an
expression of their anger against the Department. Thereafter an E-mail dated
22.04.2024 received from Hon'ble Justice Deepak Verma, Chairperson, HPC
constituted by the Hon'ble High Court of Tripura for facilitation of transfer
(Annexure-III).
The consent of the owner then was received on 27.04.2024 and thereafter
necessary acion was taken for transfer of the said elephant along with her calf for
better treatment and upkeep at the Radhe Krishna Temple Elephant Welfare
Trust, Jamnagar (Annexure-IV).
Further, the DFO, Unakoti has written to the Dy. Director ARDD,
Unakoti to take necessary action as per prevailing rules under Prevention of
Cruelty to Animal Act, 1960 & its amendments regarding the said ailing elephant
(Pratima) vide letter (Annexure-V). The Forest Deparmtent was contemplating to
take legal action for confiscating the animal as a last resort due to lack of proper
housing, maintenance and upkeep of animal as most of the animals are kept in
this way only as there are no facilities for keeping many elephants in Govt.
custody, meeting their food requirement and engagement of one Mahous and one
mate for their daily management for each elephant. It was also anticipated that
there would have been larger law and order problem if the elephant and calf were
forcibly taken from the owner during election time.
Further, as per available information, the Deputy Director of ARDD,
Unakoti District wrote to offier in-charge Unakoti PS to take necessary action as
per the prevention of Cruelty to Animal Act, 1960 and to submit a detail report
on action taken, as informed by DFO, Unakoti vide his letter (Annexure-VI).
Simultaneously, the Deputy Director has issued a show cause notice to the owner
of the elephant as to why action should not be taken against him under the said
act. (copies enclosed) These actions by ARDD Department are in addition to the
treatment of the said elephant in collaboration with the Forest Department.
Further, it would be pertinent to mention here that a High Powered
Committee has already been constituted by the Hon'ble High Court of Tripura in
WP(C) PIL No.17/2022 to look into the matter related to transfer/rehabilitation of
captive elephants. The Hon'ble High Court further extended the functions of the
HPC beyond the order dated 7/11/2022 regarding transfer/rehabilitation captive
elephants. Copy enclosed at Annexure-VII.
Later the Hon'ble Supreme Court of India in Muruly M.S. vs. The State
of Karnataka and other in the judgment dated 03/03/2023 in SLP (Civil)
No.12246 of 2022 also upheld the HPC constituted by the Hon'ble High Court of
Tripoura and extended the jurisdiction of the HPC throughout the country for
welfare, care and rehabilitation of wild animals including captive elephants. In its
judgment dated 03/03/2023 the Hon'ble Supreme Court further directed that all
complaints in this regard may be forwarded forthwith to the High Powered
Committee for consideration and recommending appropriate action.
After getting consent letter of the owner, it was confirmed from the HPC
if the e-mail dated 22.04.2024 to be treated as approval, by whatsapp on
28.04.2024. (Annexure-VIII) The owner of the elephant has given consent to
donate and transfer the said elephant to the Radhe Krishna Elephant Welfare
Trust. The Radhe Krishna Elephant Welfare Trust, Jamnagar, Gujarat also
accepted the proposal for the said transfer (Annexure IX). Provisional ownership
certificate was issued in respect of the said elephants as it was required for the
transfer (Annexure X). Thereafter, NOC from the Chief Wildlife Warden,
Gujarat was obtained (Annexure XI) and then finally Transport Permit was
issued (Annexure XII) for transport of the said elephants to the above mentioned
location. The elephant along with her calf will start the journey short.
Hence, all necessary action has been/are being taken by the Forest
Department along with the ARDD in the instant case.
4. The report indicates that the High Powered Committee constituted
by this High Court in WP(C)(PIL) No.17/2022 chaired by Hon'ble Mr. Justice
Deepak Verma (former Judge of the Supreme Court of India) has also taken
cognizance of this issue and directed the Chief Wildlife Warden to rescue the
elephant and her calf and to facilitate their transfer to Radhe Krishna Temple
Elephant Welfare Trust situated at Jamnagar, Gujarat. The Trust has also
accepted to take the custody of the elephant and her calves. The report indicates
that the Chief Wildlife Warden had also himself visited Unakoti to inquire into
the matter and see the animals. Since the animals were suffering from various
ailments, all the concerned officials were also instructed to ensure their
treatment by veterinaries. Now, the custody of the elephant and her calf has
been taken by the officials. Show cause notice has also been issued upon the
owner as to why action should not be taken against him under the Prevention of
Cruelty to Animals Act, 1960 and also under the Wildlife Protection Act.
5. Learned Government Advocate for the State informs that the
elephant and her calf have now moved out of Unakoti and are on way to
Jamnagar, Gujarat. All necessary measures have been taken to ensure their
smooth transfer. It is submitted that since the High Powered Committee has
taken cognizance of the matter and in terms of the directions issued by this
Court in WP(C)(PIL) No.17/2022, the elephant and her calf are being handed
over to Radhe Krishna Temple Elephant Welfare Trust, Jamnagar- respondent
No.3 in the said PIL, this Court may dispose of the matter.
6. Petitioner in person submits that in the light of the action taken
report, she may be allowed to pursue the matter with the High Powered
Committee.
7. We have considered the submission of learned counsel for the
parties.
At the outset, we may take note of the slew of directions passed by
this Court in WP(C)(PIL) No.17/2022 whereunder a High Powered Committee
chaired by Hon'ble Mr. Justice Deepak Verma (former Judge of the Supreme
Court of India) was constituted with members from the Director General of
Forests (Union of India), Head of Project Elephant Division (MoEF), Member
Secretary (Central Zoo Authority of India), Chief Wildlife Warden (State of
Tripura) for Elephants and Chief Wildlife Warden (State of Gujarat). It is also
pertinent to mention here that the Apex Court in the case of Muruly M.S. v.
State of Karnataka & Others in Special Leave Petition (Civil) No.12246/2022
has been pleased to extend the jurisdiction and scope of the High Powered
Committee constituted by this Court to pan-India with the modification that
Chief Wildlife Warden(s) of the State(s) to which the issue relates would be
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 Apex
Court also directed that all complaints in this regard would be forwarded
forthwith to the High Powered Committee for consideration and recommending
appropriate action. All State and Central authorities were directed to forthwith
report seizure of wild animals or abandonment of captive wild animals to the
Committee. The Committee was given liberty to recommend transfer of
ownership of captive animals or of seized wild animals to any willing rescue
centre or zoo for their immediate welfare, care and rehabilitation.
8. Since a legal regime has already been framed by virtue of the
judgment passed by this Court, and as affirmed and extended pan-India by the
Apex Court in the case of Muruly M.S. (supra) and that the High Powered
Committee has already taken cognizance of the instant matter and further the
elephant 'Pratima' and her calf 'Maniklal' have been rescued and are being
transported to the Radhe Krishna Temple Elephant Welfare Trust at Jamnagar,
we are of the considered view that the instant PIL can be disposed of giving
liberty to the petitioner to pursue her complaint with the High Powered
Committee.
9. The instant public interest litigation is disposed of with the
aforesaid observations.
(ARINDAM LODH), J (APARESH KUMAR SINGH), CJ
Pijush/
MUNNA Digitally signed by MUNNA
SAHA
SAHA Date: 2024.05.03 11:22:40
+05'30'
