Kerala elephant tragedy case

Abhinav Mishra| Kirit P. Mehta School of Law| 13th June 2020

Suo Motu based on the News Item in The New Indian Express Newspaper Dt. 03.06.2020, “Kerala elephant tragedy: Another Jumbo suspected to have been killed in similar fashion” v. ministry of Enviroment.

Introduction

The National Green Tribunal has taken Suo Moto motion based on the The Indian Express article dated 03/06/2020 , “Kerala elephant tragedy: Another Jumbo suspected to have been killed in similar fashion “which alleged that a pregnant elephant was killed due to human actions. The Bench is Comprised of Mr. Justice K. Ramakrishnan, Judicial Member  Mr. Saibal Dasgupta.

Facts

• The Suo Moto case has been taken by the NGT based on the news piece published by The Indian Express dated 03/06/2020.
• It alleged that a pregnant elephant in Silent Valley forest had died resulting from the injury that it sustained when it inadvertently consumed a pineapple which contained explosive substance.
• This incident has aggrieved the minds of many people all over the nation and has become viral on social media. Although some action was taken by the Forest Department and also the Government this case has been registered for the purpose of taking an effort to avoid such incidents in future and provide a long term Solution.

Holding

The tribunal in order to ascertain the real state of affairs with regards to protection of wildlife appointed a joint committee comprising of a senior officer not below the rank of Chief Conservator of Forest deputed by the Principle chief Conservator of Forest , Chief Wild Life Warden, Kerala, a Senior officer from Wildlife Crime Control Bureau, Southern Zone, Wild Life Warden of Silent Valley Division and Divisional Forest Officer of Mannarkkad and Punalur and the District Collector, Palakad and that the Wildlife Warden of Silent Valley will be the nodal agency for Co-ordination and provide necessary logistics.

Conclusion

The Tribunal while taking the Suo Moto case not just to deal with the current incident but also to ensure that these incident don’t happen in the future and to provide a long term policy solution appointed a committee which is tasked to question and submit a factual report which will include a long term management plan.