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 1 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.
Also Read: https://newslaw.in/case-type/criminal/procedural-rigidity-and-quashing-of-detention-order/
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.
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. (v) Judgment and order dated 10.08.2022 passed by Madras High Court in Writ Petition
No 15230 of 2022, A. 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)
Also Read: https://newslaw.in/case-type/civil/land-resumption-and-annulment-setting-aside-impugned-orders/
No.
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.
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. 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.
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.
Case Title: MURULY M.S. Vs. THE STATE OF KARNATAKA (2023 INSC 206)
Case Number: MA-000231 / 2023
