Courts On Its Own Motion v. Union Of India, Thr. The Ministry Of Environment, Forest And Climate Change, New Delhi And ORS.
1 8-SMPIL No.5.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 689 OF 2022 IN SUO MOTU PUBLIC INTEREST LITIGATION NO. 5 OF 2022 Court on its own Motion ..VS..
Union of India and others --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. P.S. Tembhare, Amicus Curiae for the petitioner. Mr. N.S. Deshpande, Assistant Solicitor General of India for respondent No.1.
Mrs. K.S. Joshi, Additional Government Pleader for respondent Nos.2 to 5.
Mr. Kartik N. Shukul, Advocate for respondent No.6. Mr. S.V. Manohar, Senior Advocate a/b Mr. A.S. Manohar, Advocate with Mr. R.R. Deo, Advocate for intervenor.
CORAM : SUNIL B. SHUKRE AND G.A. SANAP, JJ.
DATED : 15.09.
Heard Mr. S.V. Manohar, learned Senior Advocate for the applicant-Trust.
2.
It is submitted that the Trust has been established to promote the welfare of all animals and to prevent cruelty to animals and also to take necessary steps to provide relief to all animals, to relieve them from pain and suffering. It is further submitted that the elephants in question are proposed to be handed over to applicantTrust in order to take care of their well-being and relieve
2 8-SMPIL No.5.2022 them of their sufferings and this is going to be done under medical care and scientific supervision in as much as, all these elephants proposed to be shifted are having microchip so that their movement and also their condition can be monitored on continuous basis. It is also submitted that the foundation of this PIL is erroneous as these elephants have been bred in captivity and that they are not wild animals and, therefore, they are out of the purview of the provisions of Wild Life (Protection) Act, 1972. It is further submitted that Reliance Industry has got nothing to do with the Trust and funding of the Trust only comes through the funds released to the Trust in discharge of it's corporate social responsibility. It is, therefore, submitted that if these facts are brought on record and assistance is rendered to the Court by providing a clear and correct picture of the whole issue, a proper adjudication of the issue involved in this case would be possible.
3.
Mrs. K.S. Joshi, learned Additional Government Pleader has no objection so also learned Amicus Curiae has no objection to this application.
4.
We are convinced that the applicant-Trust needs to be allowed to intervene in the matter so that it could render effective assistance to this Court in resolving all the issues involved in this petition and, therefore, this application is allowed.
3 8-SMPIL No.5.2022 5.
We request the learned Amicus Curiae to take into consideration the various facts and circumstances stated in the application and after due verification, bring on record the correct position.
SUO MOTU PUBLI C INT ERE ST LITIGATION NO.5 OF 2022 Stand over after three weeks.
(G.A. SANAP, J.) (SUNIL B. SHUKRE, J.) Kirtak BHIMRAO JANARDHAN 19:47