The Gauhati High Court has declined to issue a restraint order against the transportation of five captive elephants from Assam to temples in Tamil Nadu.
“Prima facie, we find no reason, as on date, to pass any restraint order, unless it is clearly shown that necessary clearances have not been obtained. The court was hearing an interlocutory application filed by Rohit Choudhury in a writ petition challenging the validity of the proviso to Sections 40(2A) and 40(2B) of the Wild Life (Protection) Act, 1972, alleging that the provisions are arbitrary and violate Article 14 of the Constitution of India insofar as they create an exceptional regime governing the ownership, control, custody and possession of captive elephants.
However, keeping in mind the importance of maintaining the health of the elephants, who are captives with private persons, from being put to unscrupulous/unauthorized use, we keep this application pending with a direction to the learned Additional Advocate General, Assam to respond to this application by the next date,” the court said.
The writ petition is still under consideration before the court.
“There is no law circumscribing the transfer of elephants provided there are clearances from the respective bodies under the statute. The only apprehension raised on behalf of the applicant is that there had been, in the past, a known case of overstay of an elephant transferred to Tamil Nadu and, therefore, there could be a possibility of ill-treatment to the transported elephants to the temples of Tamil Nadu. Because of the overstay of that very elephant, namely, ‘Joymala’, the State of Assam has filed a writ petition before this Court seeking its safe return to the State of Assam,” the court said, we are afraid, such apprehension does not appear to be genuine for the reason that.
The court noted that the State had also filed a response affidavit before the High Powered Committee.
