Gujarat High Court Issues Show-Cause Notice To Forest Authorities Over Failure To Prevent Asiatic Lion Deaths From Train Collisions
The Gujarat High Court has issued show-cause notice to the State forest authorities for their failure to adhere to court directives aimed at preventing Asiatic lion deaths caused by train collisions near the Gir sanctuary.This was after Amicus curiae advocate Dharmesh Devnani submitted a report detailing two lion deaths due to passenger trains near Amreli.The division bench consisting of...
The Gujarat High Court has issued show-cause notice to the State forest authorities for their failure to adhere to court directives aimed at preventing Asiatic lion deaths caused by train collisions near the Gir sanctuary.
This was after Amicus curiae advocate Dharmesh Devnani submitted a report detailing two lion deaths due to passenger trains near Amreli.
The division bench consisting of Chief Justice Sunita Agarwal and Justice Pranav Trivedi expressed concern over the lack of critical safety measures. The report revealed that despite prior assurances, necessary measures such as proper fencing, underpasses, and cautionary notices for the Railways regarding lion presence were still not implemented. Reducing train speeds or improving locomotive headlights was also not done. It observed,
“it is evident that the Railway authorities and the Forest Department, have not been able to control the situation and they have failed in their duties to ensure compliance of the directions of this Court so that death of the Lion through train collusion is avoided to the extent that there is no such incident.”
The Court added, “The two incidents occurred in a short period of one week or so, shows approach on the part of the Railway authorities as also the Officials of the Forest Department. The Chief Conservator of Forests, Wildlife Circle, Junagadh, in his affidavit has submitted response to the various directions given by us in the last order dated 12.07.2024 point-wise, but as to how he proposes to ensure compliance of the directions given by this Court that no such incident occurred on the Railway track, there is complete silence in the affidavit,” the bench added.
The Court also highlighted an incident reported in a newspaper on July 18, 2024, where three carcasses—one lioness and two cubs—were found. The report raised suspicions about their deaths, but no disclosure was made by the Forest Department. In the affidavit filed by the Chief Conservator of Forests, Wildlife Circle, Junagadh, the recent incident on July 24, 2024, at the Liliya Railway Track was mentioned, but the earlier incident from the newspaper was omitted.
The Court also addressed a more recent incident on July 24-25, 2024, where two lions were seriously injured by the Mahuva-Surat Passenger Train near Mile Stone 28/6 at 22:40 hours. According to the Amicus Curiae, one lion later died from its injuries. The Court pointed out that despite the lion's severe injuries due to the collision, the affidavit of the Chief Conservator provided minimal information and was silent on any subsequent actions.
The Court also referred to the directions in its orders dated July 12, 2024, whereby the Court had acknowledged the formation of a High-Level Committee under the supervision of the Ministry of Railways, the Forest Department, and the State of Gujarat to develop an SOP to prevent future lion deaths due to train collisions.
The Court highlighted various recommendations by the Committee noted in the July 12, 2024 order. The matter was set for review on August 9, 2024, with instructions to present the Railway Board's decisions regarding locomotive headlight improvements, speed relaxation, periodic vegetation shredding, underpass vegetation cleaning, and speed reduction as recommended by the Committee. However, the Court noted the Railways' failure to file a compliance affidavit.
In its August 9, 2024 order, the Court directed the Chief Conservator of Forests, Wildlife Circle, Junagadh, to show cause why the Court should not consider his response as evasion of its directions for the Railway authorities and Forest Department officials to collaborate in preventing further lion deaths.
The Court also demanded an explanation for the Chief Conservator's silence regarding the July 18, 2024 incident reported in the newspaper.
The Court instructed that these issues be presented before the High-Level Committee, as the responses from the Railway and Forest Department officials were unsatisfactory.
The Court has now scheduled the next hearing for August 30, 2024, requiring strict compliance with the directions.
Case Title: Suo Motu Versus Union Of India & Ors.