Hearing a plea challenging the transfer of a captive elephant from Jorhat in Assam to a temple at Sainik Farms in Delhi, the Delhi High Court on Thursday said the elephant should not be moved from its place till the court hears the matter again on November 28 and directed the Department of Environment, Forests and Climate Change to ensure compliance the same.
The Indian Express reported on October 17 that a temple atop a four-storey house south of Greater Kailash in Delhi may be the owner of an elephant it is proposing to acquire from Assam. The Maa Baglamukhi temple has “reserved” 1.5 acres of Sainik Farm to keep the elephant.
The HC was informed by the Delhi government that it lacked clarity on the purpose and necessity of transferring the elephant to Delhi. A bench of Chief Justice Manmohan and Justice Tushar Rao Gedela proceeded to issue a notice to Maa Baglamukhi Mandir, which has its registered address in Greater Kailash and plans to house the elephant at Sainik Farm.
Forms 3 and 4 under the Captive Elephant (Transportation or Transport) Rules, 2024, as submitted in court by the Delhi government, show that Sainik Farm’s premises were inspected by wildlife department officials on August 8, when they met temple manager Dilip Kumar Barik. . The inspection recorded that the buildings have ceilings nearly 20 feet high, air conditioning, a large swimming pool and open space.
On Thursday, the petitioner, Federation of Indian Animal Protection Organizations (FIAPO), submitted through its lawyers Abir Phukan and Shibani Ghosh that the area is “far from the natural habitat” of the elephant.
After Deputy Conservator of Forests (DCF) Vipul Pandey failed to provide details related to the ownership and occupancy of the land, the bench directed him to inspect the site and come back with the details later in the day.
Speaking to the DCF, CJ Manmohan verbally ordered, “Who is the police officer who visited the place? Where are the pictures, how many people live there?… You can’t be that blind, you have to tell us… How can you be ignorant of the most important facts? You will visit this place today… You will tell us how many people live, who they are, what is done there, how many animals are there… You have prepared Form 4 and (but) you are not interested in all this. “
Later in the day, after inspection, the Delhi government informed the HC that the property was occupied by a temple trust. However, it has admitted that it has no information about the purpose of housing the captive elephant. “It is not for religious purposes, but to take care of old animals,” said its lawyer Santosh Kumar Tripathi.
After the court stated that the animal is not very old, 40 years old, Tripathi agreed, saying, “I have not seen very old animals (on the premises)… whether it is some kind of breeding center (or small zoo. or rescue center) . The petitioners pointed out that if it is a rescue center or a mini zoo, the place will need proper registration and licenses under the law.
The court was also told that the building houses many animals – 23 horses, 52 dogs, 28 stalls for cattle, camels, chickens and ducks. To this, CJ Manmohan said, “There is a certain amount of conflict that we are getting…
Justice Gedela, too, commented verbally, “Elephants do not need to be ventilated… what kind of activities are done?… If we talk about religious activities, if you compare it to what happens in the southern temples,… they (captured elephants) ) participate in religious ceremonies… a procession related to certain gods, Baglamukhi is taken out he is not one of them in my opinion… so, is it the purpose of religion?”
Guruji Shiv Kumar Rai, who runs the temple, told the Indian Express: “Today, a court-appointed committee inspected the arrangements for the elephant at Sainik Farm, where the temple is leased. We will follow the direction of the court and pray that the elephant will arrive soon.”