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Vantara Case: SC On Temple Elephant Row, ‘What’s Wrong If Someone Legally Acquires An Elephant’

The Supreme Court, while hearing the Vantara Wildlife Centre matter, observed on Monday that there was nothing wrong if an individual wished to keep an elephant, provided all legal norms were followed. The court, however, refrained from passing any order in the case at this stage.

During the day’s proceedings, the Special Investigation Team (SIT) report was submitted before the bench. The case stemmed from a public interest litigation seeking a detailed inquiry into allegations of illegal transfer of wildlife and unlawful captivity of elephants at the Vantara facility in Jamnagar, Gujarat. Earlier, on 25 August, the top court had directed the formation of an SIT to look into the charges.

The SIT includes former Supreme Court judge Justice J. Chelameswar, former Chief Justice of Uttarakhand and Telangana High Courts Raghvendra Chauhan, former Mumbai Police Commissioner Hemant Nagrale, and senior IRS officer Anish Gupta.

Referring to the transfer of the ailing elephant from a temple in Kolhapur to Vantara in July, the apex court stated that it will not go into it. “No unnecessary allegation must be made now that an independent body has found no foul play,” it stated.

“See, if somebody wants to acquire an elephant and he takes care of the provisions of law and acquires, what is wrong in it?” the Supreme Court noted. “You maintain your elephants in the temple and use is for procession, use for [Hindu festival] Dussehra. In Mysore, you do it,” it added.

Supreme Court Assures Vantara Against Misuse of SIT Report

The bench comprising Justice Pankaj Mithal and Justice Prasanna Varale praised the SIT for submitting its report within such a short timeframe. Senior advocate Harish Salve, appearing for Vantara, argued that the entire report should not be made public, noting, “We do not want the full report to be disclosed. Many across the world hold commercial rivalries with us and could misuse it.”

Justice Mithal assured that the court would not allow such misuse and added, “We will give you the report so that you can make necessary improvements.” To this, Salve responded, “Absolutely, we will take the required steps.”

The team constituted by the court on August 25 was asked to look into whether the centre complied with the 1972 Wildlife Protection Act and zoo rules, and statutes governing the acquisition of animals from India and abroad, particularly elephants.

The action had come while the court was hearing two petitions filed following the controversy over shifting an ailing elephant from a temple in Kolhapur to Vantara in July. The team had been directed to submit its report by September 12.

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