Gauhati High Court Allows Elephant Transfer to Tamil Nadu, Seeks State Reply

The Gauhati High Court has declined to restrain the transportation of five captive elephants from Assam to temples in Tamil Nadu, holding that no interim order is warranted unless it is shown that the required regulatory clearances are missing.

A Division Bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury observed that, on the material presently before it, there was no reason to pass a restraint order. The court, however, emphasised the need to protect the health of the elephants, which are in private custody, from being put to unauthorised or unscrupulous use. It kept the application pending and directed the Additional Advocate General of Assam to file a response by the next date.

The bench was hearing an interlocutory application moved by Rohit Choudhury in a writ petition that challenges the validity of the proviso to Sections 40(2A) and 40(2B) of the Wild Life (Protection) Act, 1972. The petition contends that these provisions are arbitrary and violate Article 14 of the Constitution by creating a special regime for the ownership, control, custody and possession of captive elephants. The main writ petition remains pending.

The court noted that there is no law barring the transfer of elephants so long as the clearances required under the statute are in place. The applicant's apprehension rested on a past instance in which an elephant transferred to Tamil Nadu overstayed, raising the possibility of ill-treatment of the animals sent to temples there. The bench said this concern did not appear genuine, pointing out that Assam has itself filed a writ petition in the High Court seeking the safe return of that elephant, named Joymala.

Appearing for Assam, Additional Advocate General P N Goswami submitted that all clearances for moving the five elephants to Tamil Nadu temples had been granted and that every possible precaution would be taken for their safe transport for religious purposes. The applicant has also approached the High Powered Committee, where the matter is pending, and the State has filed a response affidavit before that panel.

Although the connected writ petition was earlier listed for September 24, the court directed that both the writ petition and the interlocutory application be taken up on October 15.