Petitioner challenged forest officials' handling of leopard cubs and a decision to potentially shoot the mother. Court found officials acted to prevent human harm to cubs and all survival efforts were made. Petition dismissed.
Writ petition closed against petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 22ND DAY OF MARCH 2023 / 1ST CHAITHRA, 1945
WP(C) NO. 4366 OF 2022
PETITIONER:
ANGELS NAIR, AGED 55 YEARS GEN SECRETARY,ANIMAL LEGAL FORCE INTEGRATION, KAPPILLIL HOUSE, PULLUVAZHI P. O., PERUMBAVOOR, ERNAKUKLAM DT. ERNAKULAM, PIN - 683541
BY ADV ANGELS NAIR,(Party-In-Person)
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, C.G.O COMPLEX, LODHI ROAD, PARYAVARAN BHAWAN, NEW DELHI - 110003 E-MAIL:[email protected], PIN - 110003
2 THE DIRECTOR WILDLIFE CRIME CONTROL BUREAU IIND FLOOR, TRIKOOT-1 BHIKAJI CAMA PLACE, NEW DELHI -110066 E- MAIL:[email protected], PIN - 110066 3 THE STATE OF KERALA THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY FOREST & WILDLIFE DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM - 695001 THIRUVANANTHAPURAM, PIN - 695001
4 CHIEF WILDLIFE WARDEN, FOREST HEADQUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695014 E-MAIL: [email protected] THIRUVANANTHAPURAM, PIN - 695014
BY ADVS. MANU S. ASG OF INDIA ADVOCATE GENERAL OFFICE KERALA SHRI.T.P.SAJAN, SPL. G.P. (FOREST)()
OTHER PRESENT:
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PP P.S.APPU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.12.2022, THE COURT ON 22.03.2023 DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 22nd day of March, 2023
The petitioner is an animal lover and the General Secretary of the NGO, 'Animal Legal Force Integration'. The petitioner was prompted to approach this Court on reading Ext.P1 newspaper report dated 21.02.2022 under the caption “Get nod to shoot leopard if needed”. It was reported that a mother leopard had delivered two cubs inside an uninhabited house in Ummini Village in Akathethara Panchayath in Palakkad District. It was also reported that the two cubs were taken away from the spot by forest officials and the mother leopard was roaming around in search of her cubs, posing threat to the villagers and their domestic animals. The local people and politicians had raised hue and cry about the issue and in the meeting presided over by the Minister, decision has been taken to shoot the leopard, if need be. According to the petitioner, the unscientific and inhuman act on the part of the forest officials in having separated the mother from the cubs
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was the main reason for the repeated presence of the leopard
in the area. By reason of the unscientific methods adopted,
the issue had given rise to the issue. One of the cubs had
died. Hence, this writ petition seeking the following reliefs;
(i) To issue a writ of mandamus or any other writ, order or direction calling upon the respondents herein to take strict and stringent measure to stop the attempt to shoot or tranquilize the mother leopard.
(ii) To set aside section 11 of Wildlife Protection Act-1972 to the effect it gives the power to the Chief Wildlife Warden to issue an order to kill any wild animal.
(iii) To direct respondent Nos. 1 and 2 to issue guidelines for rescue, tranquilize and shoot any wild animal.
(iv) To direct respondent Nos. 1 and 2 to investigate and take action against the elephant calf snatching and cruelty in captivity.
(v) To direct respondents 3 and 4 to return the cubs to the mother leopard and take action against the forest officials who violated the Wildlife Protection Act-1972 and created chaos.
(vi) To direct respondents 3 and 4 to stop or cease any attempt or decision to shoot or tranquilize the mother leopard.
the specified guidelines for handling abandoned tiger and leopard cubs was flagrantly isolated by the forest officials, while shifting the cubs. If the cubs were left alone at the
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same spot, the mother would have taken them back to the forest and the tiger cub's life could have been saved. According to the petitioner, the illegal and unscientific shifting of the cubs amounts to 'hunting' as defined under Section 2(16) of the Wildlife Protection Act, 1972.
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brought back and placed near the same spot and surveillance arranged to monitor the movement of the mother leopard. As could be seen from Exts. R4(a) to (c) photographs, the mother leopard took away one of the cubs by about 9.45 p.m., on 10.01.2022. As the cub left behind was found to be very weak and stressed, it was handed over to the Assistant Veterinary Officer. At that time, the cub was less than a week old. After careful examination, the doctor opined that for its survival, the infant leopard cub needs continuous care and treatment under the constant supervision of a veterinarian. On being informed about the cub's condition, the Principal Chief Conservator of Forest granted permission to shift the leopard cub to the office of the AFVO, Akamala. Thereupon the cub was entrusted for treatment with Dr. David Abraham. The leopard cub responded to the treatment till 22.02.2022. But on 23.02.2022, it was noticed that the leopard cub did not void faeces in the morning, even though its milk feeding and urination were normal. On 26.02.2022, rectal laxative was given and on 27.02.2022, the cub voided a nearly five cm long single dried faecal bolus. A single spot of fresh blood was
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observed by the AFVO in the faeces on 28.02.2022 morning. Required oral medications were started immediately. Even though the blood spot did not appear for the next couple of days, there was significant increase in the size of the blood spot which re-appeared again on 02.03.2022. Meanwhile, the appetite also showed a decreasing trend along with the cub's body weight. On 03.03.2022, intravenous injections of antibiotics along with the other medicines were started by the AFVO. By 05.03.2022, the bleeding stopped completely, but by then the cub went completely off feed. Necessary fluids and nutrients were given intravenously but the condition of the cub deteriorated, and the cub died on 06.03.2022 at 02:45 pm. Body weight at the time of death was nearly 750 grams. It is thus evident that everything possible was done to save the life of the cub.
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protocols and guidelines for handling animals, especially cubs, have to be followed strictly. Here the petitioner has not demonstrated as to how the protocol was violated. On the other hand, the 4th respondent asserts that the guidelines are being followed. The overall picture emerging from the materials on record is to the effect that all attempts were made to save the lives of the leopard cubs. At any rate, the materials do not indicate the officials to have committed hunting or any other offence under the Wildlife Protection Act. The apprehension that the leopard would be shot does not also subsist, since the leopard has returned to its natural environment with one of the cubs.
A conspectus of the above findings leads to the conclusion that nothing survives for consideration in this writ petition. The writ petition is hence closed.
Sd/-
V.G.ARUN
JUDGE
sb
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APPENDIX OF WP(C) 4366/2022
PETITIONER ANNEXURES
Annexure1 UNDERTAIKING FOR 2 WRIT COPIES OF THE PETITION SENT TO RESPONDENT 1 AND 2 WHO ARE REPRESENTED BY CENTRAL GOVERNMENT Exhibit1 EXT. P1: A TRUE COPY OF THE NEWS REPORT PUBLISHED IN TIMES OF INDIA DATED 21 JAN 2022 Exhibit2 EXT.P2 : TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 21 JAN 2022.
RESPONDENT ANNEXURES
Annexure R4(b) TRUE COPY OF THE LETTER DATED 12/01/2022 ISSUED BY THE ASSISTANT FOREST VETERINARY OFFICER Annexure R4(c) TRUE COPY OF THE ORDER NO. KFDHQ/179350/2020CWW/WL11 DATED 13/01/2022
PETITIONER ANNEXURES
Annexure R4(d) TRUE COPY OF THE PETITIONER TO THE DISTRICT COLLECTOR, PALAKKAD Annexure R4(e) TRUE COPY OF THE DIRECTION OF THE DISTRICT COLLECTOR, PALAKKAD DATED 10/02/2022 Annexure R4(f) TRUE COPY OF THE MINUTES OF THE MEETING DATED 19/01/2022 RESPONDENT ANNEXURES Annexure R4(a) TRUE COPY OF THE LETTER NO. 02-371/2022 DATED 12/01/2022 RESPONDENT EXHIBITS Exhibit R4(a) True copy of the photograph
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Exhibit R4(b) True copy of the photograph Exhibit R4(c) True copy of the photograph
3 issues framed by the court
Whether the removal of leopard cubs by forest officials constituted a violation of the Wildlife Protection Act or hunting.
Whether there was a legitimate apprehension that the mother leopard would be shot or tranquilized by the authorities.
Whether all reasonable attempts were made to ensure the survival and rehabilitation of the cubs.
Angels Nair
Union of India
Director Wildlife Crime Control Bureau
State of Kerala
Chief Wildlife Warden
V.G.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
