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2009 Supreme(Kar) 300
High Court of Karnataka
THE HONOURABLE CHIEF JUSTICE MR. P.D. DINAKARAN & THE HONOURABLE JUSTICE MR. V.G. SABHAHIT
Suo Motu
Versus
The State of Karnataka Represented by the Chief Secretary & Others
Writ Petition No.14029 of 2008 (GM-RES-PIL)
Decided on : 25-05-2009
For the Appearing Parties:Aravind Kumar, Assistant Solicitor General, Udaya Holla, Advocate General, M.R. Naik, Sr. Advocate, N. Ravindranath Kamath, Advocate, Niloufer Akber, AGA, S.S. Haveri, Advocate as Amicus Curiae, P.M.
Naik, Advocate, Dr. C.H. Basappanavar, Wild-lifer and Forester.
Headnote:CONSTITUTION OF INDIA - Articles 226, 227, 48A, & 51A(g): [P.D. Dinakaran, CJ & V.G. Sabhahit, J] Wild Life Protection Act, 1972- Sections 21,29, 33A, 34 & 38 - Public interest litigation initiated by High Court suo motu based on press reort as to mysterious death of elephants in Mysore forest area, intended to draw attention to executives their statutory duty and obligation and also to impress upon public at large as to their role and contribution for protection of wild animals, birds and plants in general, the conservation of elephants in particular to ensure environmental and ecological security of the country - Earlier direction of High Court-Action plan submitted by State Government - Constitution of advisory committee - Held, The Wildlife (Protection) Act, 1972 was enacted by the Parliament to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto with a view to ensure the ecological and environmental security of the Country. As already seen, Article 48-A of the Constitution provides that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. Article 51-A(g) of the Constitution casts a duty on every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have a compassion for living creatures. Having regard to the various provisions contained in the Wildlife (Protection) Act, the empowerment on the State Government under Article 48-A and the duty cast on every citizen under Article 51A(g) of the Constitution of India, considering the various comprehensive reports/action plan submitted and the suggestion made by the Bar and prima facie showing our deep concern to the wildlife, environment, ecology and wealth of animal life and natural habitats and in the interest of public at large, in our considered opinion, it is appropriate to direct that the State Board for Wildlife shall hold periodical meeting atleast once in two months, review the issue relating to the protection of wildlife, animals, birds and plants with a view to ensure ecological and environmental security in the State of Karnataka in general and particularly the conservation of and protecting the elephants from unnatural death and to review the situation periodically.
WILD LIFE PROTECTION ACT, 1972 - Sections 21,29,33A, 34 & 38: [P.D. Dinakaran, CJ & V.G. Sabhahit, J] - Public interest litigation initiated by High Court suo motu based on press reort as to mysterious death of elephants in Mysore forest area, intended to draw attention to executives their statutory duty and obligation and also to impress upon public at large as to their role and contribution for protection of wild animals, birds and plants in general, the conservation of elephants in particular to ensure environmental and ecological security of the country - Earlier direction of High Court-Action plan submitted by State Government - Constitution of advisory committee - Held, The Wildlife (Protection) Act, 1972 was enacted by the Parliament to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto with a view to ensure the ecological and environmental security of the Country. As already seen, Article 48-A of the Constitution provides that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. Article 51-A(g) of the Constitution casts a duty on every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have a compassion for living creatures. Having regard to the various provisions contained in the Wildlife (Protection) Act, the empowerment on the State Government under Article 48-A and the duty cast on every citizen under Article 51A(g) of the Constitution of India, considering the various comprehensive reports/action plan submitted and the suggestion made by the Bar and prima facie showing our deep concern to the wildlife, environment, ecology and wealth of animal life and natural habitats and in the interest of public at large, in our considered opinion, it is appropriate to direct that the State Board for Wildlife shall hold periodical meeting atleast once in two months, review the issue relating to the protection of wildlife, animals, birds and plants with a view to ensure ecological and environmental security in the State of Karnataka in general and particularly the conservation of and protecting the elephants from unnatural death and to review the situation periodically.
P.D. Dinakaran, C.J.
1. The silent beauty and salient features of the nature and environment are described by our Great national Poet, Sri Rabindranath Tagore in ‘GITANJALI’, Poem 45, as hereunder:-
“Have you not heard his silent steps?
He come, comes, ever comes.
‘every moment and every age, every day and every night
He comes, comes, ever comes.
Many a song have I sung in many a mood of mind,
‘But all their notes have always proclaimed, “He comes, comes, ever comes”
In the fragrant days of sunny April through the
Forest path be comes, comes, ever comes.
In the rainy gloom of July nights on the thundering
Chariot of clouds he come, comes, ever comes.
In Sorrow after sorrow it is his steps that press upon
My heart and it is the golden touch of his feet that makes my joy to shine”.
-Sri Rabindranath Tagore
2. This Public Interest Litigation, unlike other usual adversarial litigation, initiated by this Court, suo motu, based on the press reports as to the mysterious death of elephants in Mysore forest area, is intended to draw the attention of the Executives their statutory duty and obligation and also to impress upon the public at large, as to their role and contribution for the protection of wild animals, birds and plants in general, the conservation of elephants in particular, with a view to ensure environmental and ecological security of the country at large.
3. This Court, by order dated 7.11.2008, while initiating the above Public Interest Litigation, suo motu, passed the following order:
“Extremely shocked and deeply concerned over the news of the death of four (4) elephants under mysterious circumstances near Kappsoge in Nanjangud Taluk and surprised and worried about the statistics that nine (9) elephants died in the last seven days and twenty-five (25) elephants had met with gory death in the last six months around Bandipur and Nagarahole National Park but the authorities concerned are yet to trace any clue for the cause of the said disaster as reported in the Press, this Court suo-motu initiated the present public interest litigation.
2.1. It is apt to quote the words of H.R.H. Prince Philip, the Duke of Edinburgh in his Foreword to International Wildlife Law that:
“Many people seem to think that the conservation of nature is simply a nature of being kind to animals and enjoying walks in the countryside. Sadly, perhaps, it is a great deal more complicated than that…
…as usual with all legal systems, the crucial requirement is for the terms of the conventions to be widely accepted and rapidly implemented. Regretfully progress in this direction is proving disastrously slow…”
2.2. The sentiments expressed by H.R.H. Prince Philip is proved to be true.
3. The Apex Court observed regarding the measures for protection of environment, ecology and wildlife in Tarun Bharat Sangh v. Union of India reported in 1992 Supp. (2) SCC 448 as quoted hereunder:
“The conception of ecological balance in nature is based on the fundamental concept that nature is ‘series of complex biotic communities of which a man is an interdependent part’ and that it should not be given to a part to trespass and diminish the whole. The largest single factor in the depletion of wealth of animal life in nature has been the ‘civilised man’ operating directly through excessive commercial hunting or, more disastrously, indirectly through invading or destroying natural habitats.”
4. The protection of ecology, environment and the wildlife should be the prime concern of the Government, particularly, the authorities meant for that purpose.
5. For these reasons, the present litigation should not be treated as the usual adversarial litigation”.
4. With this note of anguish, we, by order dated 7.11.2008, directed the State Government and the Central Government to take the impugned issue seriously; study, investigate, collect materials and furnish a report by 14.11.2008 as to the cause for the death of elephants, the lapse on the part of the authorities concerned, the ac
