Kuno Cheetah Deaths| Supreme Court Requests Centre To Take Into Consideration Suggestions Of Expert Committee In 'Right Earnest'

The Supreme Court on Monday closed the plea regarding the deaths of Cheetahs translocated to Madhya Pradesh’s Kuno National Park from the African continent, taking on record the submission of the Centre that all the members on the Consulting Panel of Cheetah Project Steering Committee are being consulted to carry on the project in a proper manner and to ensure further deaths are prevented. However, the Apex Court orally stated that the number of deaths recorded so far is not low.

A bench of Justice B R Gavai, Justice P S Narasimha and Justice Prashant Kumar Mishra was hearing an application moved by an expert committee which was constituted by the Court in 2020 to ‘guide and direct’ the National Tiger Conservation Authority with respect to India’s cheetah reintroduction programme. The expert committee urged the top court to direct the NTCA to keep it apprised of latest developments and accept their advice and submissions.

The Top Court said that if this expert committee had any further suggestions, they can approach the Union. The Union was directed to consider such suggestions in 'right earnest'.

According to the Centre, a steering committee has been put in place and NTCA is spearheading the project.

Justice Narasimha told the Centre, "Constitution of committee is alright, but the point is the concern of the general public, and NGOs with what has happened and what steps have been taken pursuant to the deaths of the Cheetahs. That is important."

Senior Advocate Prashanto Chandra Sen, appearing for some of the experts who filed the application, submitted in Court that though a consulting Panel of International Cheetah Experts has been constituted to guide the project, they are not being consulted. Dr. Lauri Marker, one of the international experts had also addressed a letter to the Court stating that she was not being consulted.

The Counsel for the applicants explained to the Court that within the Steering Committee itself, there is a consulting panel of experts. “There have been problems on consultation, they say they are not being consulted. This is the expert committee which can deal the with day to day management of cheetahs. There have been discrepancies on whether they have been consulted on not. Cheetahs are dying, there is an emergency situation right now, they are not being able to detect the symptoms. We need expert monitoring for some period. “ he told the Court.

However, the Court took note of the submission of the Additional Solicitor General Aishwarya Bhati that the suggestions of the international experts are being taken into consideration to ensure that the project is managed properly and deaths of the cheetahs are prevented. The Court also stated in its order that if the applicants had any further suggestions, they can approach the Union.

“We see no reason to disbelieve the statement made on affidavit [by the Union]. In any case, this is an area which is best left to the experts in the field, inasmuch as this court does not possess any expertise in the said field.

As to whether a particular person needs to be nominated on the said Committee or not, is a matter which is exclusively within the domain of the Union of India and we do not wish to thrust any member upon the said Committee.

In the affidavit, learned Additional Solicitor General further states that the concerns expressed by the present applicant are also being taken into consideration and sought to be addressed by the Union of India.

If the applicant has any further suggestions, the same can be forwarded to the Union of India. We request the Union of India to take into consideration such suggestions in right earnest.” The Court stated while closing the application.

The Centre also informed the Court that the media reports claiming nine cheetahs have died so far are incorrect.

In this regard, Justice Gavai asked the ASG, “News paper reports say 9 have died. Why is the media reporting 9 deaths?”

The ASG clarified that out of the 20 cheetahs translocated from South Africa and Namibia, 14 are surviving. The ASG informed the Court that one female cheetah had given birth to 4 cubs, out of which 3 could not survive. The media reports are counting the cubs, she clarified. “We are considering releasing a proper update because, a lot of facts in media reports is incorrect. We can file a status report on media reports, specifically pointing out what is correct and what is not.” The ASG said.

“But the number of deaths is not low” Justice Narasimha remarked.

“The cubs stay in the den for 2 months, we cannot intervene in the den, it can be counter-productive. By the time the cubs came out the temperature was 45-46 degrees. The temperature in the African Continent is opposite. So many of these cheetahs have developed a winter coat, a lighter fur to protect them from the temperatures. They developed a winter coat in the heat, because this was the first year of translocation. That has led to infections and dehydration. “ the ASG explained.

Justice Narasimha however asked the ASG “Once the translocation was done, was it not thought about that here the temperature is different. What were the steps taken during the summer. This was perhaps expected. What were the steps taken to address that?”

The Centre submitted that the cheetahs have shown normal qualities like hunting, exploring, protecting their kill, establishing territories etc. and no negative interactions with human beings have been reported. “These are all achievements of the project. In the midst of all this negative media publicity, it is imperative to highlight what the project has achieved so far", the Centre told the Court.

“This a unique intercontinental translocation happening for the first time. Overall indications are encouraging. There are some problems, but nothing is alarming. We are taking this very seriously. We are responding to the problems arising in this project", the ASG informed Apex Court.