GHC Hearing on Elephant Transportation inconclusive

GHC Hearing on Elephant Transportation inconclusive

The Gauhati High Court (GHC) will continue its hearing on a PIL that seeking the intervention of the High Court in regard to the decision of the State Government to transport/transfer on lease for 6 months four elephants from Tinsukia in upper Assam to Ahmedabad.

The hearing remain inconclusive today before the Court and will resume tomorrow again(i.e., on 25.06.2019).

The Division Bench of GHC comprising of Chief Justice(Acting) Arup Kumar Goswami and Justice Manish Choudhury took up the hearing onMonday.

Today, a 30 pages additional affidavit has been filed by thepetitioners before the Court and the contents of  paragraph Nos. 63 has been read over whereinit is reported that the Jagannath Temple in Ahmedabad has the poorest record inElephant Management. Further till date none of the elephants send outside havebeen returned back.

As per reports, the elephants will be kept in Gujarat upto12.12.2019 and after that they will be brought back to Assam with a validtransit pass issued by the appropriate authority.

The Division Bench also wanted a further clarification fromthe State Government in the Forest Department whether the Chief WildlifeWarden, Assam has taken note of interim order of the Supreme Court whilepassing the order dated 12.06.2019 for transporting the elephants. The StandingCounsel, Railway has produced an instruction from the authorities wherein aview has been taken that the interim order of the Supreme Court is in operationand therefore clarification was sought from the Forest Department, Assam. 

Appearing for the petitioners, Senior Counsel Mr. BhaskarDev Konwar, have drawn attention of the Court to the various provisions of theWildlife (Protection) Act, 1972 and the interim order dated 04.06.2016 of theSupreme Court.

The basic contention urged before the Court is that theelephants have to face adverse climatic conditions at Gujarat and the gruellingtrain journey,etc. He had also drawn attention of the Court that unlike theState of Tamil Nadu and Kerala, the State of Assam is yet to frame rules forManagement and Maintenance of Captive Elephants in terms of Section 64(2) ofthe Wildlife (Protection) Act, 1972.

In contra, Mr. Dilip Mazumdar, Additional AG Assam,submitted that steps have been taken for transportation of the elephants fromAssam to Gujarat in Air-Condition Wagons with all facilities for the elephantsin terms of the guidelines issued by the Ministry of Environment and Forests,Government of India and there is no intention to transport them by truck.

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