The Calcutta High Court on Tuesday directed the Forest Department, Government of West Bengal, to submit a report in a plea concerning the death of a pregnant elephant during the process of translocation from one district to another.
A division bench comprising Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya, took note of the concerns raised by the petitioner, an advocate who claimed to be an eye-witness to the incident.
The court ordered, “The matter concerns an ‘allegedly rogue elephant’ which was tranquilized and thereafter it died. According to the petitioner, the forest department did not follow the settled norms on the transport of animals, which led to the death. Therefore, a writ petition has been filed seeking varied reliefs. Government counsel and Chief Wildlife Warden & Conservator, Govt of West Bengal have appeared in the matter. In order to consider the relief which, the petitioner would be entitled to, it is necessary that a detailed report be filed with regard to the allegations made in the petition. Upon filing such a report in the form of an affidavit, the court will consider the further order to be passed in the matter.”
The petitioner contended that the Forest Authorities did not adhere to the standard operating procedures concerning the transport of wildlife, which resulted in the unfortunate death of the pregnant elephant while it was in a tranquilized state.
The petitioner alleged that the elephant was lifted up on its torso by a crane, contrary to the mandated practice of lifting it by the legs.
Furthermore, it was claimed that the forest authorities wrongly identified the elephant as a “rogue” male elephant and later as an intersex elephant, while it was, in fact, a female elephant carrying a foetus, as confirmed in the post-mortem examination.
The Government Counsel argued that the elephant was indeed a rogue elephant and had caused several fatalities in fits of rage, which necessitated its relocation. The counsel asserted that the elephant exhibited characteristics typical of a solitary and aggressive elephant, not typical for females.
The Chief Wildlife Conservator, Government of West Bengal, supported these submissions, stating that the exhibited traits could not be attributed to a female elephant and that a medical examination would have been required to ascertain its gender. It was also disclosed that the foetus the elephant was carrying had already pre-deceased.
After considering the arguments from all parties, the Court requested a detailed report on the issue to be filed by the State authorities.
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