Turtle Killed By Witchcraft? Madhya Pradesh High Court Asks State Authorities To Investigate Under Wildlife Protection Act

Update: 2025-01-23 05:30 GMT
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The Indore Bench of Madhya Pradesh High Court has asked the State authorities including the Principal Secretary in the State's forest department, to investigate a purported video alleging that a turtle was hunted/killed by way of witchcraft in the city last year.The court has directed the respondent authorities to take into consideration the complaint made by the petitioner in a PIL and...

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The Indore Bench of Madhya Pradesh High Court has asked the State authorities including the Principal Secretary in the State's forest department, to investigate a purported video alleging that a turtle was hunted/killed by way of witchcraft in the city last year.

The court has directed the respondent authorities to take into consideration the complaint made by the petitioner in a PIL and to investigate the matter under the Wildlife Protection Act, 1972. 

The division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Rusia observed, “In view of the averments made in the writ petition, we hereby dispose of the writ petition directing the respondents to take into consideration the letter dated 29.05.2024 while investigating the case under the provisions of Wild Life Protection Act, 1972.” 

The respondents in the matter include–the Principal Secretary of the State's forest department, Principal Chief Conservator of Forest, Sub Divisional Officer, Divisional Forest Officer Forest Department Indore Division, Animal Welfare Board Of India, Conservator of Forest Indore, Superintendent of Ralamandal Sanctuary, Civil Surgeon Hospital Superintendent Ralamandal Sanctuary Indore.

The Public Interest Litigation petition challenged the non-action of respondent authorities in respect of two purported videos on the social media wherein, three persons were seen burying something suspiciously into the ground of District Hospital, Indore. The plea apprehends that a turtle was allegedly killed/hunted by way of witchcraft (“Tantra Mantra Kriya') for the purpose of gaining financial benefits.

On May 25, 2024, the petitioner made a complaint to the Superintendent, Ralamandal Sanctuary (Abhayran), Indore after which Respondent No. 6/Conservator of Forest, Forest Range Indore initiated an investigation and further proceedings. In the meantime the dead turtle was exhumed and for further investigation under Wildlife Protection Act, the reptile was sent to School of Wildlife Forensic and Health, Nanaji Deshmukh, Veterinary Science University, Jabalpur.

The plea claims that in the post mortem report it was found that the turtle was 'hunted' and 'Kumkum' was seen on whole body of the turtle. The plea claims that the turtle is an animal which is worshipped across the India and cruelty with such kind of animal is against the laws provided under Wildlife Protection Act and Prevention of Cruelty to Animals. Despite this, the issue has been kept in abeyance by the authorities, the plea claims. 

It was further submitted that the Turtle is defined under Schedule I of the Wildlife Protection Act and the alleged act done by the three persons in relation to the killing/hunting of the Turtle violates the provisions of the Section 9(Prohibition of hunting) of the Act. The plea claims that the alleged  act contravenes Section 51 of the Wildlife Protection Act (which provides for penalties for not less than seven years) and Section 11(Treating animals cruelly) & 14(Experiments on Animals) of the Prevention of Cruelty to Animals.

Therefore, the petitioner had prayed for a direction to the respondents to take action on his complaint and conclude the investigation.

Case Title: Abhijeet Pandey Versus The State Of Madhya Pradesh And Others, Writ Petition No. 1471 of 2025

Citation: 2025 LiveLaw (MP) 22

Counsel for Petitioner: Adv. Abhinav Dhanodkar

Counsel for Respondent/State: Adv. Sudeep Bhargav

Click Here To Read/Download Order

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