Gauhati HC declines to restrain transfer of five captive elephants from Assam to Tamil Nadu temples

Guwahati (Assam) [India], September 19 (ANI): The Gauhati High Court has declined to issue a restraint order against the transportation of five captive elephants from Assam to temples in Tamil Nadu.
A Division Bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury observed that there was no justification, as of now, to issue a restraint order unless it is demonstrated that the mandatory regulatory clearances have not been obtained.
"Prima facie, we find no reason, as on date, to pass any restraint order, unless it is clearly shown that necessary clearances have not been obtained. However, keeping in mind the importance of maintaining the health of the elephants, who are captives with private persons, from being put to unscrupulous/unauthorized use, we keep this application pending with a direction to the learned Additional Advocate General, Assam to respond to this application by the next date," the court said.
The court was hearing an interlocutory application filed by Rohit Choudhury in a writ petition challenging the validity of the proviso to Sections 40(2A) and 40(2B) of the Wild Life (Protection) Act, 1972, alleging that the provisions are arbitrary and violate Article 14 of the Constitution of India insofar as they create an exceptional regime governing the ownership, control, custody and possession of captive elephants.
The writ petition is still under consideration before the court.
"There is no law circumscribing the transfer of elephants provided there are clearances from the respective bodies under the statute. The only apprehension raised on behalf of the applicant is that there had been, in the past, a known case of overstay of an elephant transferred to Tamil Nadu and, therefore, there could be a possibility of ill-treatment to the transported elephants to the temples of Tamil Nadu. We are afraid, such apprehension does not appear to be genuine for the reason that because of the overstay of that very elephant, namely, 'Joymala', the State of Assam has filed a writ petition before this Court seeking its safe return to the State of Assam," the court said.
Appearing for the State of Assam, Additional Advocate General P N Goswami submitted before the bench that all clearances for the transfer of the five elephants to temples in Tamil Nadu had been granted and that all possible care would be taken for their safe transportation for religious purposes.
The applicant has also approached the High Powered Committee, where the matter is pending consideration.
The court noted that the State had also filed a response affidavit before the High Powered Committee.
Though the connected writ petition was scheduled to be listed on September 24, the court directed that the writ petition and the interlocutory application be listed for consideration on October 15. (ANI)