Supreme Court empowers High Powered Committee to oversee transfer of wild animals for rescue, rehabilitation pan-India

The Supreme Court recently ordered that the committee earlier constituted to oversee the transfer of captive wild elephants from the northeastern States, will now have a wider responsibility and will cater to all wild animals in need of rehabilitation or rescue anywhere in India [Muruly MS v. The State of Karnataka and ors.]..Towards this end, the top Court extended the jurisdiction of the High Powered Committee (HPC) headed by retired Supreme Court judge, Justice Deepak Verma, which was constituted by the Tripura High Court in 2022..A bench of Justices Krishna Murari and Ahsanuddin Amanullah opined that this directive would serve 'real public interest' and would advance the cause of welfare, care and rehabilitation of wild animals.."Though the scope and jurisdiction of the High Powered Committee was limited by the High Court to transfer of the elephants from Northeast part of the country to the elephant camp of respondent no. 3, we see no reason not to extend it to Pan India, particularly, when by extending the jurisdiction of High Powered Committee at Pan India level will not only serve the real public interest and would advance the cause of welfare, care and rehabilitation of wild animals, but will also curb the filing of frivolous PILs before different High Courts by busy bees," the judgment stated. .The Court also modified the constitution of this committee to include the Chief Wild Life Wardens of all States as members..The Court further conferred power on the HPC to conduct necessary checks and fact-finding exercises into any pending or future complaint regarding the transfer of wild animals. "The said Committee may also consider the request for approval, dispute or grievance, concerning transfer or import into India or procurement or welfare of wild animals by any rescue or rehabilitation centre or zoo, by taking assistance and co-operation whenever needed from all departments and authorities across India," the Court said. Any complaints regarding such transfer of animals are to be forwarded to this HPC, the Court added. Further, all State and Central Zoo Authorities were directed to forthwith report on the seizure of wild animals or abandonment of captive wild animals to this committee for necessary action. The committee shall be at liberty to recommend the transfer of ownership of captive animals or of seized wild animals to any willing rescue centre or zoo for their immediate welfare, care and rehabilitation, the Court said. .The directions were passed on a miscellaneous application filed by a public interest litigant who had earlier moved the Court to restrain the transfer of wild and captive elephants in Karnataka to private individuals and, in particular, the Radha Krishna Temple Elephant Welfare Trust. The apex Court had, in August 2022, dismissed the petitioner's plea. He then moved the miscellaneous application urging the Court to clarify that the August 2022 order was limited to transfer of elephants in Karnataka alone. .During the course of the hearing, the Supreme Court's attention was drawn to the Tripura High Court order constituting the HPC headed by Justice Deepak Verma.Apart from Justice Verma as its chairman, the HPC comprised as its members, the Director General of Forests (Union of India), the Head of Project, Elephant Division (MoEF), the Secretary (Central Zoo Authority of India) and the concerned State Chief Wild Life Wardens."The said order further provides that the Chairman of the HPC shall co-opt an expert having experience of Elephants as a Member of the Committee and the Chairman may also consider taking assistance of the Chairman, Animal Welfare Board of India. Various well thought of directions were issued for the smooth functioning, powers, jurisdiction and assistance to be provided to the said HPC," the Supreme Court noted..Hence, it extended the ambit of this committee to cover the transfer, rescue and rehabilitation of all wild animals across the country. "The above directions issued by us are in addition to the directions contained in the judgment dated 07.11.2022 passed by the High Court of Tripura and not in derogation thereof," the bench clarified. .The Court left it open to the HPC Chairperson to determine the honorarium and expenses to carry out the committee's functions, and clarified that the expenses will have to be borne by the concerned State or Union Territory. .Advocate SK Verma appeared for the petitioner. Advocates Sujay Kantawala and Gautam Awasthi represented the respondents..[Read Judgment]