Bombay High Court Intervention Temporarily Halts Transportation Of Kolhapur Elephant To Jamnagar

The Bombay High Court has directed the High-Power Committee to hear a Jain trust before making a final decision on transferring an elephant 'Madhuri' from Kolhapur to the Radhe Krishna Temple Elephant Welfare Trust (RKTEWT) in Jamnagar, Gujarat.

The High Court bench stated that, "…the opinion of the owner (Jain Trust) ought to have been gathered prior to transferring the said elephant, inasmuch as it possesses a declaration under Section 40(2) of the Act of 1972 in its favour."

The RKTEWT, established in 2013, is owned by Reliance Industries Limited, according to its website. The trust spans 600 acres within RIL's Moti Khavdi complex, where an oil refinery is located.

The dispute arose on December 28, 2023, when the High-Power Committee directed Madhuri's transfer based on a proposal by the NGO PETA. PETA claimed that that the animal was under physical and mental distress in Kolhapur and recommended its rehabilitation to RKTEWT. HPC decided the elephant should be transferred and sought mandatory NOCs from the Wildlife Wardens of both states.

Accordingly, the Chief Conservator of Forests issued an NOC on January 10, 2024, and on February 13, 2024, issued directions for Madhuri's transport to Jamnagar, prompting the Jain trust, Swasthishri Jinsen Bhattark Pattacharya Mahaswami Sanstha Math, to approach the High Court.

In its petition, the Jain trust sought to be heard before the High-Power Committee, claiming that the committee's decision was "unilateral." The trust added that it owns the elephant under Section 40(2) of the Wild Life Protection Act, 1972, and has been caring for the animal, providing necessary treatment etc since 1992.

However, after a hearing the court decided that the owner should be given a fair chance to be heard.

Accordingly, the court "requested" the High-Power Committee to hear all parties before making a decision and recorded RKTEWT's statement that it wouldn't take steps to transfer the elephant to Jamnagar until the Jain trust's representation was decided.

However, the bench clarified that it hadn't formed an opinion on PETA's representation before the High-Power Committee, and the committee was free to consider all relevant aspects while deciding on the representation. The court stated that any action proposed based on the committee's decision should be given effect seven days after communicating it to the petitioner.

It may be noted that the High-Power Committee was formed in a PIL before the Tripura High Court and is tasked with various functions, including requests for the transfer, import into India, or procurement of animals for rescue. In 2023, the committee's scope and jurisdiction were extended to the entire country.

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