The Supreme Court on Monday refused to interfere with the Karnataka High Court order which had found nothing wrong with the relocation of some elephants from Karnataka to trust in Gujarat.
In its order passed in June this year, the high court had said it sees no reason as to why the 153 elephants in custody and care of the trust should be disturbed by anyone especially when these animals are getting good care and facilities and seem to be integrated and well adjusted.
The plea before the high court had sought its intervention in the matter of transfer of some elephants from Karnataka to the trust and had sought a direction to the trust to send all the elephants back to the respective forest department of the states from where they were obtained.
The high court had given certain directions to the trust, including that elephants that are in its custody and care shall be there till the end of their respective lives and they will continue to be given the same care and facilities as specified before it.
It had also directed that the trust shall, before receiving any further elephants, ensure that the same infrastructure, as the present, is available and sufficient for the new adoptee elephants.
{{/usCountry}}It had also directed that the trust shall, before receiving any further elephants, ensure that the same infrastructure, as the present, is available and sufficient for the new adoptee elephants.
{{/usCountry}}The matter came up for hearing on Monday before a bench headed by Chief Justice N V Ramana.
The counsel appearing for the petitioner, who had filed the plea in the high court, told the bench that this is an issue where the government is abdicating its responsibility.
"What is there in this matter? Already the Karnataka High Court has passed an order," said the bench, which also comprised justices Krishna Murari and Hima Kohli.
Referring to a media report, the petitioner contended that forest officials of a state have exposed a pan-India elephant smuggling racket.
He said in such a situation, the government should pass some guidelines on the issue.
The counsel appearing for the trust said it has a rescue shelter, which is being run for elephants, and as on today, 172 elephants are being kept with doctors, veterinarians, and state-of-the-art facilities.
He said they are totally compliant with everything which the high court has directed.
The petitioner's counsel said when the government is giving the responsibility of the animal to a private person, the conditions in which they are being shifted, and the weather conditions will have to be seen.
"….we see there is no reason to interfere in the order," the bench said while saying that the petitioner can make representation to the government.
Before the high court, the petitioner had sought a direction to the Karnataka government to issue guidelines directing that no person can sell or transfer or translocate elephants from the state to the trust.
He had claimed before the high court that by allowing organisations like the Gujarat-based trust to give refuge to elephants, the central or the state governments are abdicating their responsibilities.