Full Judgment Text
NON-REPORTABLE
IN THE SUPREME Court OF INDIA
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO. 231 OF 2023
WITH
I.A. NO. 32084 OF 2023 :- Application on behalf of the Petitioner for
clarification of the order dated 01.08.2022
IN
SPECIAL LEAVE PETITION (CIVIL) NO. 12246 OF 2022
MURULY M. S. … PETITIONER(S)
VERSUS
THE STATE OF KARNATAKA & ORS. … RESPONDENT(S)
JUDGMENT
KRISHNA MURARI, J.
1. The PIL petitioner has filed this Miscellaneous Application seeking
clarification of the order dated 01.08.2022 passed by this Court dismissing his
SLP(C) No. 12246 of 2022 filed against an order dated 06.06.2022 passed by
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the Karnataka High Court, dismissing his WP (PIL)/10688/2022, wherein he
had, inter-alia, sought directions from the State of Karnataka to restrict
transfer/sale/gift/entrustment of wild and captive elephants within the State of
Karnataka to private individuals and in particular, to respondent no. 3, the
Radha Krishna Temple Elephant Welfare Trust.
2. By means of the present Miscellaneous Application, the PIL petitioner
has made a prayer to clarify the order dated 01.08.2022 passed by this Court to
the effect that the directions of the High Court and this Court were confined
only to population of elephants exclusively within the State of Karnataka and
are not applicable to any other State or Territory.
3. The clarifications sought by the PIL petitioner has been vehemently
opposed on behalf of respondent no.3. It is contended that from time to time
various Writ Petitions in the nature of Public Interest Litigation have been filed
against respondent no.3 and other persons acting with non profit philanthropic
noble object of taking care of abandoned or rescued elephants and other
animals. The main ground of challenge in these PILs has been that it is the
responsibility of the State to take care of such abandoned or rescued elephants
and other animals, which should not be abdicated in favour of the private
respondent no. 3, the Trust.
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4. Finding no merits in the PILs all of them have been dismissed. Reference
has been made to the following PILs which have been dismissed by various
High Courts :-
(i) Judgment and order dated 07.11.2022 passed by the High
Court of Tripura at Agartala, in WP(Civil)-PIL No. 17 of 2022 filed
by one Smt. Sudipa Nath;
(ii) Judgment and order dated 25.01.2023 passed by the Gauhati
High Court in PIL No. 6 of 2023 filed by one Kaustuvmani Kakati;
(iii) Judgment and order dated 16.08.2022 passed by this Court in
WP(Civil) 547 of 2022, Kanhaiya Kumar Vs. Central Zoo Authority
and Anr.;
(iv) Judgment and order dated 08.08.2022 passed by this Court in
WP (Civil) 540 of 2022, Swetab Kumar Vs. Ministry of
Environment, Forest and Climate Change and Ors.
(v) Judgment and order dated 10.08.2022 passed by Madras High
Court in Writ Petition No. 15230 of 2022, A. Viswanathan Vs. State
of Tamil Nadu and Ors.
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5. It is further submitted that respondent no. 3 is a registered public
charitable trust under the Gujarat Public Trust Act, 1950 and the object of the
trust is to promote welfare of animals and to establish paraphernalia for the
welfare of animals in need to carry out the object of the trust. Respondent no. 3
is neither availing any Government funds, nor generates any profits by
exhibition of animals to sustain its object. It is also submitted that respondent
no. 3 is engaged in rescue and rehabilitation of wild/captive elephants, who are
in need of long term care due to injury/old age, abusive captivity, such as circus,
street begging, etc. It is categorically stated during the course of arguments that
respondent no. 3 is not a breeding centre and is in no way making any profits
commercially in any manner from the rescued and rehabilitated animals.
6. It is also submitted on behalf of respondent no. 3 that such frivolous
Public Interest Litigations filed by busy bees in different High Courts of the
country, disrupt the functioning of not only respondent no. 3 but such other
charitable institutions engaged in rescue and rehabilitation of wildlife, while
causing unnecessary drain on their resources which could otherwise be used by
them for the noble cause of welfare of the rescued animals.
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7. Our attention has also been invited to a reasoned and detailed judgment
dated 07.11.2022 passed by the Tripura High Court in Writ Petition (Civil - PIL)
No. 17 of 2022 seeking a direction restraining transfer and transportation of
captive bred elephants from Northeast India and in particular from the States of
Tripura and Arunachal Pradesh to the elephant camp of respondent no. 3. The
High Court of Tripura, while declining to grant relief prayed by the petitioner
therein, constituted a High Powered Committee (for short 'HPC') headed by the
retired Judge of this Court, namely, Hon'ble Mr. Justice Deepak Verma, as its
Chairman, and Members (by designation), which included Director General of
Forests (Union of India), Head of Project Elephant Division (MoEF), Member
Secretary (Central Zoo Authority of India), Chief Wild Life Warden (State of
Tripura) for Elephants from State of Tripura and Chief Wild Life Warden (State
of Gujarat). The said order further provides that the Chairman of the HPC shall
co-opt an expert having experience of Elephants as a Member of the Committee
and the Chairman may also consider taking assistance of the Chairman, Animal
Welfare Board of India. Various well thought of directions were issued for the
smooth functioning, powers, jurisdiction and assistance to be provided to the
said HPC.
8. Though the scope and jurisdiction of the High Powered Committee was
limited by the High Court to transfer of the elephants from Northeast part of the
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country to the elephant camp of respondent no. 3, we see no reason not to
extend it to Pan India, particularly, when by extending the jurisdiction of High
Powered Committee at Pan India level will not only serve the real public
interest and would advance the cause of welfare, care and rehabilitation of wild
animals, but will also curb the filing of frivolous PILs before different High
Courts by busy bees.
9. In view of aforesaid facts and circumstances, we deem it appropriate to
extend the jurisdiction and scope of High Powered Committee as constituted by
the High Court of Tripura, with the modification that the Chief Wild Life
Warden(s) of the State(s) to which the issue relates will be the co-opted as
Members of the said Committee in place of the Chief Wild Life Wardens of
Tripura and Gujarat, throughout the territory of India, leaving it open to the
Committee to conduct necessary checks and to undertake fact finding exercise
in any pending or future complaint in this regard. The said Committee may
also consider the request for approval, dispute or grievance, concerning transfer
or import into India or procurement or welfare of wild animals by any rescue or
rehabilitation centre or zoo, by taking assistance and co-operation whenever
needed from all departments and authorities across India. We also direct that all
complaints in this regard may be forwarded forthwith to the High Powered
Committee for consideration and recommending appropriate action.
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10. We further direct that all State and Central Authorities shall forthwith
report seizure of wild animals or abandonment of captive wild animals to the
Committee and the Committee shall be at liberty to recommend transfer of
ownership of captive animals or of seized wild animals to any willing rescue
centre or zoo for their immediate welfare, care and rehabilitation.
11. We leave it open to the Chairman of the High Powered Committee to
determine the honorarium and the expenses required to carry out functions,
which shall be borne by the concerned State or Union of India as the case may
be.
12. The above directions issued by us are in addition to the directions
contained in the judgment dated 07.11.2022 passed by the High Court of
Tripura and not in derogation thereof.
13. We are of the considered opinion that the directions issued by us shall
serve real public interest and would advance the cause of welfare, care and
rehabilitation of wild animals.
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14. With the aforesaid clarifications and directions, the Miscellaneous
Application No. 231 of 2023 as well as Interlocutory Application No. 32084 of
2023 stand disposed of.
…...…...…....….......................…,J.
(KRISHNA MURARI)
……...….…....….......................…,J.
(AHSANUDDIN AMANULLAH)
NEW DELHI;
RD
03 MARCH, 202 3
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