HC stalls shifting of captive elephant from Assam to Delhi until next hearing

The HC was informed by the Delhi authorities that it did not person clarity connected the intent and the request to transportation the elephant to Delhi. The seat of Chief Justice Manmohan and Justice Tushar Rao Gedela went connected to contented announcement to Maa Baglamukhi Mandir, which has its registered code astatine Greater Kailash and plans to location the elephant astatine Sainik Farm.

Forms 3 and 4 nether the Captive Elephant (Transfer oregon Transport) Rules, 2024, arsenic submitted to the tribunal by the Delhi government, amusement the Sainik Farm spot was inspected by wildlife section officials connected August 8, erstwhile they met temple trustee Dilip Kumar Barik. The inspection recorded that the premises person a extortion astir 20 feet high, aerial conditioning, a ample swimming excavation arsenic good arsenic unfastened space.

On Thursday, the petitioner, the Federation of Indian Animal Protection Organisations (FIAPO), submitted done its advocates Abir Phukan and Shibani Ghosh that the premises are “far from the earthy habitat” of the elephant.

After Deputy Conservator of Forest (DCF) Vipul Pandey failed to springiness details related to the ownership and occupancy of the premises, the seat directed him to inspect the tract and get backmost with the details aboriginal successful the day.

Addressing the DCF, CJ Manmohan orally instructed, “Who is the serviceman who visited the area? Where are the photographs, however galore radical are staying there?… You can’t beryllium truthful blind, you volition person to archer us… How tin you beryllium truthful ignorant of the astir important facts? You volition sojourn the country today… You volition archer america however galore radical are staying, who are they, what is the enactment going connected there, however galore animals are there… You prepared Form 4 and (yet) you are oblivious to each this.”

Later successful the day, aft inspection, the Delhi authorities informed the HC that the premises were occupied by the temple trust. It, however, admitted that it does not person accusation connected the intent of lodging the captive elephant. “It is not for spiritual purposes, but to instrumentality attraction of aged animals,” it said done its lasting counsel Santosh Kumar Tripathi.

After the tribunal pointed retired that the carnal is not excessively old, aged 40 years, Tripathi concurred, submitting, “I person not observed precise aged animals (at the premises)… either it is immoderate benignant of breeding centre (or is simply a mini zoo oregon a rescue centre).” The petitioners pointed retired that successful the lawsuit of being a rescue centre oregon a mini zoo, the premises volition necessitate due registration and licensing nether the law.

The tribunal was besides informed that the premises is lodging respective animals – 23 horses, 52 dogs, 28 shelters for cows, camels, hens and ducks. To this, CJ Manmohan said, “There is simply a definite magnitude of contradiction we are finding… this is simply a rehabilitation centre spot for animals oregon is it a spot benignant progressive successful spirituality…”

Justice Gedela, too, orally remarked, “Elephants don’t necessitate aerial conditioning… what benignant of activities are being carried out?… When we speech astir spiritual activities, if you comparison it to what happens successful confederate temples,… they (captive elephants) partake successful spiritual ceremonies… processions are taken retired successful narration to immoderate deities, Baglamukhi is not 1 of them successful my opinion… so, is the intent religious?”

Shiv Kumar Rai alias Guruji, who runs the temple, told The Indian Express: “Today, a court-appointed committee inspected the arrangements made for the elephant connected the Sainik Farm land, which the temple spot has taken connected lease. We volition travel the court’s absorption and commune that the elephant arrives soon.”