Elephant Runs Amok At Tirur Event: Kerala HC Seeks Collector's Report, Asks State About 'Reasonable Distance' Between Elephant & Public
Manju Elsa Isac
10 Jan 2025 10:04 AM IST
The Kerala High Court has sought a report from the Malappuram District Collector on an elephant reportedly running amok during the BP Angadi Nercha at Tirur on January 8, injuring 29 persons and killing one.
The Division Bench comprising Justice A. K. Jayasankaran Nambiar and Justice Gopinath P. ordered that the report should include a comprehensive description of the incident, the permission sought by the organizing committee, the permissions granted and the conditions imposed for using elephants in the event.
Earlier, the High Court had issued directions that there should be at least 3 meters distance between elephants and 8-meter distance between the public and the elephant.
However, these directions for the use of elephants in temple festivals were stayed by the Supreme Court. The Supreme Court had ordered that any direction issued by the High Court contrary to the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 would remain stayed.
The Apex Court had also remarked how could the High Court frame rules substituting the rule-making authority.
Meanwhile, the Division Bench on Thursday orally observed that the State should clarify the distance that should be maintained between the public and the elephants as the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 mention that 'sufficient distance' should be maintained between the elephants. The Court was informed that in the reported incident, some people touched the elephant.
Justice A. K. Jayasankaran Nambiar orally observed:
“Captive Elephant Rules prescribes there shall be maintained a reasonable distance. When there is an ambiguity with regard to what is the reasonable distance, who is to clarify? You are the rule making authority…We are not prescribing the distance. But you will prescribe the distance.”
The Court orally remarked that the State cannot “thrive on ambiguity”.
The Case is next posted on 13th January.
Case Title: In Re Captive Elephants v UOI
Case No: WP(C) 31520 of 2024