Madhya Pradesh High Court: In a Public Interest Litigation (PIL) filed seeking a direction to the respondent/authorities to release the captured elephants and to rehabilitate them in the wild with the aid and assistance of experts, a division bench of Suresh Kumar Kait, CJ., and Vivek Jain, J., directed the respondent authorities to make a conclusive decision on the rehabilitation of the elephants and provide a detailed status report on their conditions and captivity by the next hearing.
In the instant atter, the petitioner filed the present PIL seeking directions for the release and rehabilitation of elephants captured by the State authorities. According to the petitioner, the captured elephants were not causing harm or injury to life or property, and were captured merely because they were causing “nuisance”.
The Court constituted an expert committee on 26-07-2024, to assess the rehabilitation of elephants in the Bandhavgarh Tiger Reserve, Madhya Pradesh. The petitioner suggested that experts from Kerala or other states with experience in handling wild elephants should be consulted for proper rehabilitation. The Court, vide dated 25-09-2024, granted the petitioner two weeks to file a counter to the memo submitted by the respondents in compliance with the order dated 12-09-2024.
In pursuant to the order dated 12-09-2024, the expert committee submitted its report to the Chief Wildlife Warden (CWLW) on 19-09-2024. The compliance report tasked the competent authority under Section 11(1)(a) of the Wild Life Protection Act, 1972, with making a final decision regarding the rehabilitation of the elephants. The respondents indicated that if the committee accepts the recommendation for rehabilitation, it will take an additional 2-3 months to procure a satellite collar for intensive monitoring of one elephant’s movement, behavior, and interaction with wildlife herds.
The petitioner alleged that the elephants in captivity are subjected to inhumane treatment and that 2 out of 10 elephants in captivity have died, a fact allegedly concealed by the respondents. However, the respondents disputed the claim about concealing the deaths of two elephants, and confirmed that 10 elephants are in captivity, and they plan to release one elephant.
The Court —
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Directed the respondents to take a final decision under Section 11(1)(a) of the Wild Life Protection Act, 1972, specifically considering the second proviso, and file a status report on the live elephants in their captivity.
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Instructed the respondents to disclose how many elephants are still alive and under what orders they are being held.
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Permitted the respondents to seek assistance from the m Centre for Elephants Studies College of Veterinary Animal Sciences, Kerala, if needed.
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Granted the respondents 2-3 months to submit their compliance report, and
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Scheduled the next date of hearing in the week commencing 16-12-2024.
[Nitin Singhvi v. Union of India, 2024 SCC OnLine MP 6535, Decided on 14-10-2024]
Advocates who appeared in this case :
Shri Anshuman Singh, Counsel for the Petitioner
Shri B D Singh – Dy. Advocate General, Counsel for the Respondent No. 2
