'Local Issues Best Dealt With By High Courts': Supreme Court Remarks On Plea Concerning Captive Elephants In Kerala

While dealing with an Intervention Application (IA) in a petition concerning captive elephants in the State of Kerala on Tuesday, the Supreme Court orally remarked that certain issues were best dealt with High Courts as the High Courts were more aware of local conditions of a State. Further, the Supreme Court bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra added that the Apex Court could not be rendered dysfunctional by micro managing all issues across the country.

Senior Advocate CU Singh, appearing for the intervenors, argued before the bench that the primary issue pertaining to captive elephant was already been dealt with by the Supreme Court. He stated that there had been an alarming number of deaths of elephants under the age of 50 years in the State of Kerala. He added–

"They're not doing the postmortem because they don't want to identify malnutrition as the cause. 131 captive elephants in Kerala had died between February-September 2022. Majority of them were under 50 years. Till September 2023, 22 more recorded deaths have been there. It's a startlingly high rate."

However, the bench did not seem willing to entertain the plea with the CJI stating–

"Why don't you approach the HC? Supreme Court should not be spread thin...Anyone can intervene and start joining any matter now..."

Expressing anguish over the "proliferation of IAs" in pending cases before the Supreme Court, the CJI said–

"We don't know the ramifications of an order we may pass. The High Court judges are suited to understand local conditions. Let them make a primary order...if they make an egregious error, we are here. How do we run the country like this? Tomorrow we will have an IA from Maharashtra or other states also...The Supreme Court is not here to deal with micro management like this. If the High Court commits an egregious error, we'll be here."

In the order, the court held–

"There is a proliferation of IAs from intervenors. The pan India issues raised by petitioners would merit attention of this court. We are of the view that it's not possible for this court to go into prayers of intervenors. Intervenors will be heard on substantive issues. List in first week of December."

Case Title: Wildlife Rescue And Rehabilitation Centre And Ors. v. Union Of India And Ors. W.P.(C) No. 743/2014 PIL-W