E-Paper
SIT gives clean chit to Gujarat’s Vantara rescue centre, says animal acquisition carried out as per laws
The Supreme Court-appointed Special Investigation Team (SIT) has given a clean chit to Vantara.
The Special Investigation team (SIT) set up by the Supreme Court to enquire into the functioning of the Reliance-owned Vantara Zoological Rescue and Rehabilitation Centre in Gujarat's Jamnagar has found no statutory discrepancy in acquisition of animals in its report tabled before the apex court last week.
The SIT headed by former Supreme Court judge Jastice Chelameswar in its report concluded that the “acquisition of animals has been carried out as per regulatory laws” and further quoted satisfaction of authorities on all statutory compliances.
Reading a few excerpts from the report, a bench of justices Pankaj Mithal and PB Varale said, “We will pass an order later in the day incorporating the report. We are satisfied with the report of the SIT.”
Vantara was represented by senior advocate Harish Salve who urged the court to take the report on record and give a quietus to this controversy once and for all. He said, “There is some degree of commercial confidentiality that has to be maintained. This facility is one of its kind in the world. We do not want that tomorrow there are reports appearing in the New York Times and others. We must have a decent burial on this issue.”
Also Read: 'Will set aside entire exercise if…': Supreme Court's big warning to EC over Bihar SIR drive
Salve said that four years ago, a similar petition challenging the regulatory approvals for Vantara was questioned. “This cannot go on and on,” he said, seeking a copy of the report to ensure if there are some suggestions for improvement, the authorities at Vantara may gain from all this.
The bench said, “There are certain things which we feel are the pride of the country. We should not unnecessarily raise these issues and create a hue and cry. We must allow certain things to happen in this country….We will not permit anybody to raise these questions again and again.”
Solicitor general Tushar Mehta appearing for Centre told the court that while he is not privy to the report, the questions framed for consideration of the SIT by the court in its order of August 25 cover all aspects of functioning at Vantara. He said that the report may not be made public but Vantara should be supplied a copy as it may help them consider the suggestions aimed at its improvement.
The order of the court came on two petitions filed by advocate CR Jaya Sukin and Dev Sharma, who sought an independent enquiry into the functioning of Vantara based on multiple allegations that were not substantiated by any evidence but were based on newspaper reports.
The petitioners on Monday sought to respond to the SIT report indicating that there were news reports on how an elephant, performing rituals at a Jammu and Kashmir temple for the past two decades, was taken away to Vantara by the government officials.
The bench said, “If somebody wants to acquire an animal and follows the law, what is wrong in it. You have elephants used for processions in temples. We won’t go into individual allegations.”
Also Read: Supreme Court refuses to stay Waqf Amendment Act but suspends some key provisions
Salve further said that the temple authority is not complaining before the court as he questioned the locus of the petitioner to raise these issues.
The bench said, “Now we have a report of an independent committee. The SIT has also taken help from experts. We will go by the report.” The court also appreciated the promptness of the SIT to submit the report by September 12, in compliance with the court’s earlier order.
The SIT headed by justice (retd) Jasti Chelameswar also had former high court chief justice Raghavendra Chauhan, former Mumbai Police commissioner Hemant Nagrale, and additional commissioner, Customs, Anish Gupta, as members.
The court had in its earlier order said, “Considering the sweep of the allegations made in the petitions inviting a counter from the private respondent or any other party will not serve much purpose. Ordinarily, a petition resting on such unsupported allegations does not deserve in law to be entertained rather warrants dismissal in limine. However, in the wake of the allegations that the statutory authorities or the courts are either unwilling or incapable of discharging their mandate…we consider it appropriate in the ends of justice to call for an independent factual appraisal which may establish the violation, as alleged, if any.”
The court asked the SIT to submit a report on a broad set of parametres. They include: Vantara’s acquisition of animals from India and abroad, particularly elephants; its compliance with the Wild Life (Protection) Act, 1972 and the rules for zoos made thereunder; with provisions of the law regarding trade in animals or animal articles, and with the standards of animal husbandry, veterinary care and animal welfare.
The SIT was also ordered to examine complaints regarding misutilisation of water and carbon credits, as well as those regarding issues of financial compliance, money laundering etc.
At the same time, the court maintained that the order only seeks a fact-finding inquiry to ascertain the true factual position to enable the court to pass further orders. “..this order neither expresses any opinion on the allegations made in the petitions nor this order (should) be construed to have cast any doubt on the functioning of any of the statutory authorities or the private respondent-Vantara,” the bench added.
