Vantara's Acquisition Of Animals As Per Regulations : Supreme Court Accepts SIT Report

The Supreme Court today(September 15) observed that the acquisition of animals in Vantara (Greens Zoological Rescue and Rehabilitation Centre) run by the Reliance Foundation at Jamnagar, Gujarat, is prima facie within the regulatory mechanism. There was no foul play found by the Special Investigation Team(SIT) constituted by the Court to inquire into various allegations, including whether there has been compliance with all laws in the acquisition of animals from India and abroad, particularly elephants. "The Court has no hesitation in accepting the conclusion so drawn in the report. Thus, as no contravention of law has been reported by the SIT, the complaints particularly those listed in Schedule A in the summary of the report stand closed."A bench comprising Justice Pankaj Mithal and Justice PB Varale said that they did not deliberately read the report submitted by the SIT headed by former Supreme Court Judge Justice J Chelameswar, as they wanted to go through it during the hearing. Solicitor General Tushar Mehta and Senior Advocate Harish Salve(for Vantara), and counsel for the petitioner were all present when the Court went through the report in a cursory manner. "Acquisition of animals...carried out in regulatory compliance," Justice Mithal read.Justice Mithal orally said that as per the SIT, the acquisition of animals is within the regulatory mechanism. He added that the Court will make the report a part of the order. However, both Solicitor and Salve objected to it. They said that a certain narrative is going on and publishing the report will allow more speculation than necessary. Salve added that there is some confidentiality attached to how the animals are taken care, etc. Justice Mithal then said that the Court will pass orders during lunch in chambers and will then close the matter.Salve said: "My only concern is, when the Committee came, whole staff of Vantara was made available, everything was shown. There are certain propriety concerns as to how the animals are being looked after, how do you keep these animals. Large money have been spent with experts to develop these, there is some degree of commercial confidentiality. Mylords may understand, this is something which is the rival of the world, this kind of facility. There is narrative which is trying to bring this down. If the whole record is put, we don't want the rest of the world to know because if tomorrow, in New York Times there is another article or you will see in Times Magazine another article.."Justice Mithal responded: "No, we will not permit. We are closing the matter and we are accepting the report. We will not permit anyone to raise such objections...We are satisfied we the report of the Committee...Now, we have a report of an independent committee, they have gone through everything, they have taken help of experts. Whatever they have submitted, we will go by that. And all authorities will be free to take actions based on recommendations and suggestions. You are also bound, we will not permit anyone to raise questions again and again."When a counsel tried informing the Court that an IA has been filed raising an issue with respect to the temple's elephant being taken away, the Court said it will not go into it. Justice Mithal added that no unnecessary allegation must be made now that an independent body has found no foul play. He said: "See, there are certain things we probably feel are the pride of this country. We should not unnecessarily rake up all these matters and raise hue and cry for the sake of that. Allow certain good things to happen to the country. We should be happy about all these good things...If the acquisition of an elephant is in accordance with the law, what is the difficulty? See, if somebody wants to acquire an elephant and he takes care of the provisions of law and acquires, what is wrong in it? You maintain your elephants in the temple and use is for procession, use for Dussehra. In Mysore, you do it." The bench appreciated the promptness of the Committee and also said that an honorarium may be provided to the Committee. The directions issued by the Court are as follows: (i)The proceedings of the report of the SIT i.e., its report and annexures including the pen drive be re-sealed and kept confidential but complete copy of the same be furnished to the respondent Vantara, may be electronic copy of the same for its own use and record subject to an undertaking that it shall not be disclosed to third parties; (ii) The summary of the report which is exhaustive in itself as it does not carry comparable sensitiveness or attract the same degree of confidentiality but provides a faithful account of the conclusions reached by the SIT, shall not be treated as confidential; (iii) In terms of the recommendations contained in the summary and having regard to the exhaustive investigation conducted by the SIT aided by statutory enforcement agencies of the Central and the State, the complaints/petitions, including newspaper...

Vantara's Acquisition Of Animals As Per Regulations : Supreme Court Accepts SIT Report

Gursimran Kaur Bakshi

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