3 hrs ago
Court Declines to Restrain Transfer of Five Assam Elephants
A court in Assam was asked to stop five elephants from being moved to temples in Tamil Nadu.
The court did not stop the move for now.
It said the transfer could proceed if the required permissions had been obtained.
Assam’s lawyer said all the permissions were in place.
The lawyer also said the elephants would be transported safely.
The person challenging the transfer was worried that the elephants might be mistreated.
He pointed to an earlier case involving an elephant named Joymala.
The court will consider the matter again on October 15.
The Gauhati High Court declined to stop five captive elephants from being transported from Assam to Tamil Nadu temples.
The court said no restraint was justified unless it was shown that required regulatory clearances had not been obtained.
Assam’s Additional Advocate General said all transfer clearances had been granted and safety measures would be taken.
The application alleged that the transfer could expose the elephants to ill-treatment, citing the previous case of Joymala.
The court kept the application pending and scheduled the writ petition and application for consideration on October 15.
- Who
- The Gauhati High Court, Rohit Choudhury, and the State of Assam are involved; the elephants are privately held captives.
- What
- The court declined, for now, to restrain the transfer of five captive elephants to temples in Tamil Nadu and kept the application pending.
- Where
- The case is before the Gauhati High Court, and the elephants are to be transferred from Assam to temples in Tamil Nadu.
- When
- The court directed that the writ petition and application be considered on October 15; the connected petition had been scheduled for September 24.
- Why
- The applicant sought to prevent the transfer over concerns about possible ill-treatment, while the court said a restraint order was not justified unless required clearances were shown to be absent.
Applicant’s Concerns
State and Court’s Position
Whether the elephants should be transferred
Applicant’s Concerns
Rohit Choudhury sought restraint, arguing that the transfer could create a risk of ill-treatment and referring to the previous overstay of Joymala in Tamil Nadu.
State and Court’s Position
The court found no present basis to stop the transfer, provided the necessary statutory clearances had been obtained.
Regulatory permissions
Applicant’s Concerns
The applicant argued against the transfer while challenging the legal framework governing captive-elephant ownership, control, custody, and possession.
State and Court’s Position
Assam’s Additional Advocate General said all clearances had been granted and that all possible care would be taken during transportation for religious purposes.
Legal framework
Applicant’s Concerns
The writ petition alleges that the relevant provisos to the Wild Life (Protection) Act, 1972, are arbitrary and violate Article 14 of the Constitution of India.
State and Court’s Position
The court has not finally ruled on that challenge; the writ petition remains under consideration.
Key facts
- Court
- Gauhati High Court
- Elephants involved
- Five captive elephants
- Proposed destination
- Temples in Tamil Nadu
- State position
- Assam said all required transfer clearances had been granted.
- Applicant
- Rohit Choudhury
- Related legal challenge
- The writ petition challenges provisos to Sections 40(2A) and 40(2B) of the Wild Life (Protection) Act, 1972.
- Next consideration
- October 15
Quotes
Gauhati High Court Division Bench
Division Bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury
“Prima facie, we find no reason, as on date, to pass any restraint order, unless it is clearly shown that necessary clearances have not been obtained.”
NDTV
Sources
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