The Bombay High Court disposed of a Suo Moto Public Interest Litigation (PIL) on the issue of shifting of wild elephants to another State.
The present proceedings were entertained in public interest in the light of a newspaper report dated 5.9.2022 , 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 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 the Court.
S.V. Manohar, 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 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 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 Supreme Court.
Considering the issues sought to be raised in the present public interest litigation, the Nagpur Division bench of A.S.Chandurkar and Justice Vrushali V. Joshi 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 High Court granted liberty to the Amicus Curiae 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 issues sought to be raised herein. In these facts, therefore, the Bench does not find it expedient to continue the present proceedings.