Kerala High Court
In Re Captive Elephants vs Union Of India on 11 December, 2024
Author: P Gopinath
Bench: A.K.Jayasankaran Nambiar, P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
Wednesday, the 11th day of December 2024 / 20th Agrahayana, 1946
WP(C) NO. 31520 OF 2024(S)
IN RE CAPTIVE ELEPHANTS
(SUO MOTU) PUBLIC INTEREST LITIGATION PROCEEDINGS INITIATED BY THE HIGH
COURT IN THE MATTER OF EXECUTIVE AND LEGISLATIVE INACTION OF THE STATE
GOVERNMENT IN THE MATTER OF PROTECTION OF ANIMAL RIGHTS
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF
FISHERIES, ANIMAL HUSBANDRY AND DAIRYING DEPARTMENT OF ANIMAL
HUSBANDRY AND DAIRYING, GOVERNMENT OF INDIA, KRISHI BHAVAN, NEW
DELHI, PIN 110 001
2. THE ANIMAL WELFARE BOARD OF INDIA, REPRESENTED BY ITS CHAIRMAN,
NATIONAL INSTITUTE OF ANIMAL WELFARE CAMPUS P.O., 42K STONE,
DELHI-AGRA HIGHWAY, NH-2, VILLAGE -SEEKRI, HARYANA, PIN 121004
3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,
THIRUVANANTHAPURAM, PIN 695036
4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, ANIMAL HUSBANDRY
DEPARTMENT, THIRUVANANTHAPURAM, 695036
5. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM, 695036
6. THE KERALA STATE ANIMAL WELFARE BOARD, THIRUVANANTHAPURAM , PIN
695036
7. THE KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, POOKODE,
LAKKIDI P.O., WAYANAD, PIN 673 576
8. THE STATE POLICE CHIEF, KERALA, THIRUVANANTHAPURAM,PIN 695010
9. ANGELS NAIR, GEN. SECRETARY, ANIMAL LEGAL FORCE INTEGRATION, AGED
54 YEARS, KAPPILLIL HOUSE, PULLUVAZHY P.O., PERUMBAVOOR, ERNAKULAM
DIST., PIN-683 541.
10. M.N.JAYACHANDRAN, AGED 63 YEARS, S/O K.NARAYANAN NAIR, RESIDING
AT MUNDAMATTOM HOUSE, THODUPUZHA P.O., IDUKKI, 685 584
11. UNION OF INDIA, REPRESENTED BY THE MINISTRY OF ENVIRONMENT FOREST
AND CLIMATE CHANGE (FOREST AND WILD LIFE DIVISION, PROJECT
ELEPHANT), NEW DELHI-110003
12. RADHAKRISHNAN, PANANCHERRY HOUSE, PAYYAPPILLY MOOLA, PUTHUR,
THRISSUR, 680014
13. GANESAN, S/O RADHAKRISHNAN, PANANCHERRY HOUSE, PAYYAPPILLY MOOLA,
PUTHUR, THRISSUR, 680014
14. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS & HEAD OF FOREST FORCE
FOREST HEAD QUARTERS, VAZHUTHACAUD, THYCAUD P.O.,
THIRUVANANTHAPURAM, 695014
P.T.O.
15. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE) & CHIEF
WILDLIFE WARDEN (KERALA), FOREST HEAD QUARTERS, THYCAUD P.O.,
THIRUVANANTHAPURAM, 695014
16. ANEESH MATHEW, AGED 47 YEARS, S/O. MATHEW, RESIDING AT
VENGALISHERRIL VEEDU, CHINNAKANAL PANCHAYAT, UDUMBANCHIRA TALUK,
MUNNAR, PIN :685 618.
17. M/S WALKING EYE FOUNDATION FOR ANIMAL ADVOCACY, REG.NO. 48/2022,
REG.OFFICE AT II/263 A, KAIPARAMBU, THRISSUR DISTRICT, KERALA
STATE, 680546 REPRESENTED BY ITS FOUNDER AND MANAGING TRUSTEE,
VIVEK K.VISWANATH, AGED 31 YEARS, S/O K.V.ACHUTHAN, HAVING A
PERMANENT ADDRESS AT KURUNELLIPARAMBIL HOUSE, KAIPARAMBU P.O.,
THRISSUR 680546
18. V. K. VENKITACHALAM, AGED 73 YEARS, S/O LATE V. N KRISHNA IYER,
RESIDING AT PATTAMALI MADOM, T.C. 35/571, THIRUVAMBADI P.O. , PIN-
680 022.
19. P.PRAVEEN, S/O PARAMESWARAN, MANGALAMKUNNU ANGADI, KATTUKULAM P.O,
PALAKKAD 679 514
20. RAJENDRAKUMAR P., AGED 56 YEARS, S/O GOPALAKRISHNAN, PUTHAN
VEEDU, CHERUPULASSERY, PALAKKAD 679503
21. ABDUL NASAR, AGED 64 YEARS,S/O ABOOBAKAR, KOLAKKADAN HOUSE,
KIZHUPURAMBA P.O., MALAPPURAM DISTRICT[IMPLEADED AS PER ORDER
DATED 06.09.2024 IN IA 10/24 IN WP(C)]
22. V.SHAJI, S/O.VISWAMBHARAN,KAVERI,KOLLAM,691302[SUO MOTU IMPLEADED
AS ADDL.R22 AS PER ORDER DATED 27.09.2024 IN WP(C)]
23. HRITHWIK D. NAMBOOTHIRI, PALLERI MANA, ULIYANNOOR P.O, ALUVA
[IMPLEADED AS ADDL. R23 AS PER ORDER DATED 27.09.2024 IN
I.A.25/2024 IN WP(C)]
24. M/S KERALA ELEPHANT OWNERS FEDERATION, REPRESENTED BY ITS GENERAL
SECRETARY IN CHARGE RAVINDRANATHAN, AGED 65, S/O SIVARAMAN NAIR,
USHASREE, ETTUMANOOR P O, KOTTAYAM DISTRICT [IMPLEADED AS ADDL.R24
AS PER ORDER DATED 25.10.24 IN IA 28/24 IN WP(C)]
25. THIRUVAMBADY DEVASWOM, THIRUVAMBADY DEVASWOM OFFICE,THIRUVAMBADY
DEVASWOM BUILDING,ROUND WEST,THRISSUR,PIN-680001,REPRESENTED BY
ITS SECRETARY
26. PARAMEKKAVU DEVASWOM ,PARAMEKKAVU DEVASWOM BUILDING, ROUND EAST,
THRISSUR,PIN 680001,REPRESENTED BY ITS SECRETARY[ADDL.R25 & R26
IMPLEADED AS PER ORDER DATED 05.11.2024 IN IA 13/24 IN WP(C)]
27. KERALA FESTIVAL COORDINATION COMMITTEE, REPRESENTED BY ITS
PRESIDENT, RAJESH PALLATT, AGED 51 YEARS, S/O P R BHASKARAN
PILLAI, PALLATTU HOUSE, MELAMPARA P.O., KOTTAYAM -
686578.[ADDL.R27 IMPLEADED AS PER ORDER DATED 05.11.2024 IN IA
29/24 IN WP(C)]
28. RAGI SREEVALSAN, MANAGING PARTNER,SREE MAHESHWAR GROUP,
ANNAMANADA,THRISSUR,680741[ADDL.R28 IMPLEADED AS PER ORDER DATED
05.11.2024 IN WP(C)]
P.T.O.
ADDL.R29-R32 IMPLEADED
29.THE TRAVANCORE DEVASWOM BOARD ,NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM 695003, REPRESENTED BY ITS SECRETARY
30.THE COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR,
KERALA,REPRESENTED BY ITS SECRETARY
31.THE MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPALLAM P.O,
ERANHIPALLAM, KOZHIKODE,REPRESENTED BY ITS SECRETARY.
32.THE GURUVAYOOR DEVASWOM BOARD, GURUVAYOOR,
THRISSUR-680 101,REPRESENTED BY ITS ADMINISTRATOR *ADDITIONAL R29 TO
R32 ARE SUO MOTU IMPLEADED AS PER ORDER DATED 13.11.2024 IN WP(C) 31520/24
ADDL.R33 IMPLEADED
33. M/S. PEOPLE FOR ANIMAL TRIVANDRUM CHAPTER,
REPRESENTED BY ITS SECRETARY LATHA.I, AGED 53 YEARS,
D/O. K.GOPALAKRISHNAN NAIR, RESIDING AT TC 21/1030,
ARATHY, KOZHIYOD LANE, PALKULANGARA,
THIRUVANANTHAPURAM, PIN - 695 024.
ADDL.R33 IS IMPLEADED AS PER ORDER DATED 11/12/2024
IN IA 50/2024 IN WP(C) 31520/2024.
ADDL.R34 IMPLEADED
34. RAVI MANOHAR, AGED 68 YEARS, S/O N.RAMAN NAIR,
THE SECRETARY OF MANARKAT BHAGAVATHY DEVASWOM BHARANA SAMITHI
WITH REGISTRATION NO. K/178/90 MANARKAT, KOTTAYAM,
PIN - 686 019.
ADDL.R34 IS IMPLEADED AS PER ORDER DATED 11/12/2024
IN IA 54/2024 IN WP(C) 31520/2024.
ADDL.R35 IMPLEADED
35. PREETHI SREEVALSAN, AGED 45 YEARS, D/O.DR.B.SREEVALSAN,
RESIDING AT TC V/608, CHERUMUKKU TEMPLE ROAD,
CHEMBUKKAVU, THRISSUR - 680 020.
ADDL.R35 IS IMPLEADED AS PER ORDER DATED 11/12/2024
IN IA 56/2024 IN WP(C) 31520/2024.
P.T.O.
This suo motu writ petition coming again on for orders upon perusing
the petition and the affidavit filed in support of WP(C), this Court's orders
dated 13/11/2024 & 04/12/2024 and upon hearing the arguments of DEPUTY
SOLICITOR GENERAL OF INDIA-in-Charge, SRI.JAISHANKAR V.NAIR & SRI.ACHUTH
KRISHNAN R., CGC for R1, R2 & R11, SRI.ASOK M.CHERIAN, ADDL. ADVOCATE
GENERAL, SRI.T.A.SHAJI, DIRECTOR GENERAL OF PROSECUTION, SRI.P.NARAYANAN,
ADDL.PUBLIC PROSECUTOR & T.S.SHYAM PRASANTH, GOVERNMENT PLEADER for R3 to R6
& R8,M/S. AYSHA YOUSEFF, MANU GOVIND, Standing Counsels for R7, ANGELS
NAIR(AS Party-in-Person, R9), SRI.M.R.HARIRAJ (SENIOR ADVOCATE) a/w M/s.GANGA
A.SANKAR, REJIVUE K.C., THANUJA ROSHAN, CHACKOCHEN VITHAYATHIL, VISHNU
RAJAGOPAL, VISWAJITH C.K, GISHA G. RAJ, ALINA ANNA KOSE, KARTHIKA GANESH,
P.I.RAHEENA, VISHNU PRASAD N.K. & SANDHRA MARIA SEBASTIAN, Advocates for R10,
M/S. V.M.KRISHNAKUMAR & P.S.SIDHARTHAN, Advocates for R12 & R13, SPECIAL
GOVERNMENT PLEADER (FOREST) for R14 & R15, M/s. K.SANDESH RAJA, DENU JOSEPH,
ASWIN T SURESH & MUHISEENA.V.Z, Advocates for R16, SMT.DHANYA P.ASHOKAN
(SENIOR ADVOCATE) a/w M/S. GAYATHRI MURALEEDHARAN, RAMAKRISHNAN M.N., ARATHY
P., Advocates for R17, M/S. BHANU THILAK & S.R.PRASANTH, Advocates for
R18,SRI.P.K.SURESH KUMAR (SENIOR ADVOCATE) along with SMT. ANJALI MENON,
Advocates for R19, M/s.V.SREEJITH, MANSOOR.B.H. and SAKEENA BEEGUM, Advocates
for R20, M/S. SHANKAR V., T.H.ABDUL AZEEZ, MOHAMMED SADIQUE.T.A, K.P.MAJEED
and K.M.MOHAMMED YUSUFF, Advocates for R21, P.B.KRISHNAN (SENIOR ADVOCATE)
a/w M/s.P.B.SUBRAMANYAN, SABU GEORGE, B.ANUSREE & MANU VYASAN PETER,
Advocates for R22, SRI.HRITHWIK D. NAMBOOTHIRI,(AS PARTY-in-
PERSON,R23),SRI.G.SREEKUMAR (CHELUR), Advocate for R24,
SRI.N.K.SUBRAMANIAN,Advocate for R25 & R26, M/s.RENJITH B.MARAR, BASIL CHANDY
VAVACHAN,BASIL SAJAN,FATHIM NAVAS,KAVYA RANI JAYAPRAKASH ,LEKSHMI PRIYA
V.,ANJANA V.,BASIL SCARIA,CHARUTHA BHAIJU and CHANDHANA BHAIJU, Advocates for
R27, SMT.ANJALI MENON, Advocate for R28, SRI.K.P.SUDHEER, STANDING COUNSEL
for R30, M/S. BHANU THILAK, S.R.PRASANTH, VISHNU.R, SARUN K. IDICULA, ATHIRA
K. SASI & FATHIMA RINSHA T.P., Advocates for Addl.R33, SRI.T.SETHUMADHAVAN
(SENIOR ADVOCATE) along with M/S. K.SUJAI SATHIAN, PREETHI. P.V., MARY LIYA
SABU, AISWARYA S. ASHOKAN, NEERAJ KRISHNA KUMAR & AYISHA BASILA ASHARAF,
Advocates for Addl.R34, M/S. ALINA ANNA KOSE, P.I.RAHEENA, AKHILA S., VISHNU
PRASAD N.K., KARTHIKA GANESH, NAYAN LAL A. & SANDHRA MARIA SEBASTIAN,
Advocates for Addl.R35, SENIOR ADVOCATE S.RAMESH BABU and Adv.T.C.SURESH
MENON, AMICI CURIAE and of SRI.RENJITH THAMBAN (SENIOR ADVOCATE), the court
passed the following:
P.T.O.
DR. A.K.JAYASANKARAN NAMBIAR
&
GOPINATH P., JJ.
------------------------------
WP (C).No.31520 of 2024
---------------------------------
Dated this the 11th day of December, 2024
ORDER
Dr. A.K.Jayasankaran Nambiar, J.
While passing our last order dated 04.12.2024, we had perused the report submitted before this Court by the District Collector, who is the Chairman of the District Monitoring Committee, Ernakulam, that suggested that the directions issued by us on 13.11.2024 with regard to the parading of captive elephants, had been breached during the Thripunithura Sree Poornathrayeesha temple festival that commenced on 29.11.2024. In particular, it was pointed out that on 02.12.2024, ie. on the 4th day of the festival, for the "Thrikketta Procession", a violation of the directions had been occasioned by the temple authorities, and in particular, Mr.Reghuraman the Devaswom Officer of the Thripunithura Sree Poornathrayeesha temple was not ready to take any remedial steps to comply with the directions despite the breach being brought to his notice by the forest officials. We, therefore, deemed it appropriate to direct Mr.Raghuraman to file an affidavit before this Court giving his explanation for the lapses stated to have been occasioned, and to show cause therein as to why further action should not be initiated against him, including under the provisions of the Contempt of Court Act and Rules.
:2: WP (C).No.31520 of 20242. By an affidavit that is now filed before us dated 09.12.2024, it is stated as under at paragraphs 3 and 4:
"3. It is submitted that in obedience to the directions issued by this Honourable Court in its order dated 13/11/2024, the officials of the Ernakulam Social Forestry reached the temple and made marking in the temple premises for keeping the elephants at a distance of 3 meters. The directions contained in the order dated 13/11/2024 were scrupulously followed by the Devaswom on 29/11/2024, 30/11/2024 and 01/12/2024. The "Thrikettapurappadu" was on the 4th day of the festival, i.e. on 02/12/2024. In the report dated o4/12/2024 of the Chairman, District Monitoring Committee, it is reported that the directions contained in the order dated 13/11/2024 were knowingly violated by me is incorrect. The allegation that elephants were paraded for a period of 5 1/2 hours from 7.30 pm to 12.30 AM is factually incorrect. It is also alleged that the elephants were standing closer with less than 3 meter distance and not maintained the distance between the elephant and the flambeau within the limit of 5 meters and violated the distance which have to be maintained between the elephant and the public is not fully correct. It is also incorrect to say that the Ernakulam Social Forestry staff on duty repeatedly asked me to obey the directions issued by this Honourable Court and I was not ready to obey the same is incorrect.
4. At the outset, it is respectfully submitted that in order to comply with the directions contained in the order dated 13/11/2024, I have taken all earnest and necessary steps is evident from the fact that the directions were scrupulously complied with on 29/11/2024, 30/11/2024 and 01/12/2024. In order to comply with the directions on "Thriketta Purappadu" on 02/12/2024, I have requested everyone to cooperate. Even from the 1st day of the festival, there was protest by the devotees when I insisted for complying with the directions in order dated 13.11.2024. But, the devotees were not cooperative and alleged that I am trying to violate the rituals of the temple. On the 4th day of the festival, devotees were standing in queue since 5 PM to offer "Kanikka" in the golden pot. This year, there was :3: WP (C).No.31520 of 2024 unprecedented crowd on the 4th day of the festival apart from heavy rain. The shiveli started at 7.30 PM on 02/12/2024 and the first pradikshanam was with three elephants. Normally, "melam" will start only after kanikkayidal and this year in order to comply with the directions issued by this Honourable Court, "melam" was started at 9.30 PM. During the Kanikkayidal as part of "Vilakkacharam", there will be maddalappattu, kuzhal pattu, kombu pattu and keli. It is a part of the rituals of the temple. It is only after keli, melam will be started. This year, kanikkayidal continued even at the time of melam. Further, on the day of arattu, normally kootiezhunnellippu will be done with 15 elephants and this year only 5 elephants were paraded for the same. I had absolutely no intention whatsoever to violate the orders of this Honourable Court. The distance prescribed in the order dated 13/11/2024 was scrupulously followed all through the festival except for a short period on the 4th day's festival when heavy rain and unprecedented crowd for offering kanikka took things out of control. Crowd that had gathered for kanikka was suddenly seen shattering and elephants that were to be positioned on the south and north of the temple that had already moved inside the temple premises were forced to be moved away from the crowed to prevent any mishap. Sudden shower and unprecedented crowd forced the situation. It was not wilful and not with an intention to violate the orders of this Honourable Court. There was huge protest by the devotees and local people for not parading elephants as was done in the previous years. The lapses occurred on 02.12.2024 were not wilful and I hereby tender my unconditional apology for the lapses occasioned on my part."
3. We note from the above that while the directions issued by us in our order dated 13.11.2024 were stated to have been strictly complied with on 29.11.2024, 30.11.2024, and 01.12.2024, on 02.12.2024, admittedly, the distance norms prescribed for the parading of elephants were not adhered to. What is most puzzling is the averment in the affidavit, which states that although the deponent :4: WP (C).No.31520 of 2024 insisted on complying with the directions, the devotees did not cooperate and had made allegations that the deponent was trying to violate the rituals of the temple. The affidavit goes on to affirm the fears that we have always held in this regard when it suggests that on 02.12.2024, there was heavy rain and an unprecedented crowd for offering the "Kanikka" at the temple, and that the crowd suddenly rushed to the places in the temple where they could seek shelter from the rain, and that the elephants too had to be moved from inside the temple premises. The affidavit does not state how the 15 elephants that were being paraded were accommodated along with the people within the available space inside the temple. What is apparent is that the elephants were paraded in close proximity to each other and in complete violation of the norms with regard to the distance to be maintained between elephants, as also the distance to be maintained between the elephants and the crowd. The deponent Officer appears to have given a complete go-by to the interests of safety of the people who had thronged the temple premises on that day, and thereby put their lives in danger. For this conduct of the deponent Devaswom Officer, we find there cannot be any valid justification. Prima facie, therefore, we are of the view that the deponent, Devaswom Officer, has committed an act of civil contempt within the meaning of the term under Section 2(b) of the Contempt of Court Act, 1971. We, therefore, direct the :5: WP (C).No.31520 of 2024 Registry to forthwith register a Contempt of Court Case and issue notice to the deponent Devaswom Officer in terms of Rule 9 (ii) (b) of the Contempt of Courts (High Court of Kerala) Rules under the Contempt of Court Act, 1971, so that the deponent Devaswom Officer can respond to the same on or before 09.01.2025 by filing an affidavit in response to the notice.
Post the Writ Petition on 19.12.2024 at 3.30 PM in Court.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR JUDGE Sd/-
GOPINATH P.
JUDGE
mns
11-12-2024 /True Copy/ Assistant Registrar