Kerala High Court Directs Forest Department To Refrain From Capturing Wild Tusker 'Arikomban' Till March 29

The Kerala High Court in a late night sitting on Thursday directed the Forest and Wildlife Department to refrain from capturing wild tusker 'Arikomban' that had allegedly been foraging in the Chinnakana area, and causing damage to the property in the human settlement areas. 

The Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Gopinath P. however, permitted the department to continue tracking its movements around human settlements, with the idea of containing it and preventing it from damaging the properties of the human settlers in the area. The Court added that the same could be done by the Forest Department using their personnel and machinery, and also deploying additional forces of the State Government, if the need arises. 

The special sitting had been convened on Thursday night at the instance of the People for Animals (Thiruvananthapuram Chapter), a registered charitable organization that champions the cause of animals. In the affidavit filed by the organization, it was averred that pursuant to complaints being received from several persons, officials in the Forest Department were attempting to locate, capture and tranquilize the elephant. It was argued that capturing the elephant with a view to taming it, and converting it into a kumki elephant could be resorted to only if all other methods of diverting the elephant from the settlement failed. 

During the hearing, the Chief Conservator of Forests, Arun R.S. submitted that although the order of the Chief Wildlife Warden authorizing tranquilization and capturing of the elephant as passed as early as on February 21, 2023, no effective steps could be taken in that regard. He stated that it was in those circumstances that a decision had been taken to hold a mock drill, followed by an actual attempt to capture the animal on March 26, 2023. 

The Court was therefore of the view that the Forest and Wildlife Department ought to refrain from actual capture of the elephant till March 29, 2023. It added that the Court would reconvene on the said date to consider the best possible measures to quell the situation by balancing the interests of the human setters as well as the tusker. 

"We are persuaded to do so because we are told that the elephant in question has not thus far caused any harm to human life in the area," the Court said while passing the above order. 

The matter has been kept for further consideration on 29th March 2023 at 1.45 P.M. 

Case Title: In Re Bruno v. Union of India & Ors. 

Click Here To Read/Download The Order