Mahout Files Habeas Plea In SC For Release Of Elephant From Detention [Read Petition]

A mahout, who claims to have long term emotional bonding with an elephant, has moved the Supreme Court with a 'habeas corpus' plea seeking release of the animal, which the forest officials had taken away from his care to be kept in a rehabilitation centre.

The matter concerns the Delhi elephant 'Lakshmi', which had created news in September when forest officials had seized it from Yamuna bank plains to be sent to a camp in Haryana.

Challenging this action, the jumbo's mahout Saddam has filed a habeas plea in the Supreme Court. 

As per the petition, he and the elephant has a bonding of over ten years since 2008.

"Their friendship mushroomed to such an extent that 'Lakshmi' after some time totally refused to accept food, if not medicines from anybody other than the petitioner.

Lakshmi could sense the presence of the petitioner even from a distance of 2 to 3 km by smell, and the petitioner communicated with her like a family member, and nobody else knew Lakshmi better than the petitioner .The family members of the petitioner also loved Lakshmi, and they were living almost like a joint family", Saddam stated in the petition.

Saddam was booked by the Delhi police for allegedly obstructing the forest officials from taking custody of the elephant, and was remanded for 68 days. He stated that he hailed from a poverty ridden family in Bihar and was dependent on the elephant for his livelihood.

After his release from custody on November 25, he has filed the petition saying that he seeks to "deliver justice to Lakshmi though he is not the owner, but as a near, dear and close friend, and in the capacity of a Mahout". The petitioner alleged that the elephant was subjected to torture and cruelty by the officials while it was being transported.

"The concerned forest officials had been roped in, who under brutal force and duress made Lakshmi board a truck when she showed no signs of obedience, whereas a sign with smile from the petitioner was enough to move her to any destination . She was struck on her trunk, after which she started profusely bleeding. Chains and ropes were wound round her legs to pull her onto the truck in a barbarian way", the plea said.

These acts amounted to violation of the Prevention of Cruelty to Animals Act 1968, alleged the petitioner.

Saddam said that separating Lakshmi from him causes the animal torment and mental agony.  This would also amount to 'torture' as per the Prevention of Cruelty Act.

In this regard, the plea said :

"The scope of the statement 'not being subjected to torture' extends to the fact that an entity cannot be disengaged from someone whom it is very closely attached with. In this case, secluding Lakshmi from the petitioner, would equate to mental agony considering the extent to which they were associated for the last more than 10 years, and the fact that Lakshmi only accepted food and medicines when the petitioner administered it to her. Keeping them away would evidently bring torment to the petitioner but equally so to Lakshmi". 

The petitioner has referred to the 2014 judgment of the Supreme Court in the jallikettu case, where it was held that even animals had right to life and dignity under Article 21 of the Constitution.

The recent judgment of Punjab and Haryana High Court which declared entire animal kingdom as a legal entity, with rights and duties of a living person.

The petition stated that Lashmi had the right to live in the company of a person of her choice.

"She is also having a right to live in the company of her choice especially the person whom she loves the most, the person who understands her the most, the person who can communicate with her the most, the person who is ready to give even his life for her".

It is a relationship which only a mahout can understand, the plea added.

The petition sought a writ of habeas corpus for release of the elephant from the centre in Haryana. In addition, it sought visitation rights to the petitioner to meet the elephant at the cost of the respondents - Central Government, Government of NCT of Delhi, Delhi Police Commissioner and Elephant Rehabilitation Centre, Haryana.

The petitioner also sought to call for the video records relating to the taking into custody and transportation of the pachyderm to prove his allegations of torture.

The petition has been drafted by Joe Sebastian and Gitanjali Vinod and researched by Advocates Paul John Edison and Sweta Prashar. Advocate Wills Mathew settled the petition.

It has been filed through AOR Shweta Garg 

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[Read Petition]