The central legal point established in the judgment is the strict enforcement of laws related to prevention of cruelty to animals and birds, as well as the prevention of cruelty to captured animals, particularly in the context of controlling illegal trade of wildlife and wildlife articles.

JUDGMENT :

1. IA no: CAN 1 of 2020 is an application made in this writ petition by one Rajyashree Mukherjee for being impleaded as a respondent.

2. We have heard learned advocate for the applicant. Since this writ petition has been initiated by the Court on its own motion, we do not formally add the applicant as a respondent. However, we record that in the course of hearing, the applicant shall be heard.

3. The application being IA no.: CAN 1 of 2020 is accordingly disposed of.

4. We record the submissions of Mr. Rana Mukherjee and Mr. Arijit Chakrabarti, learned advocates, that they propose to file intervention applications.

5. Taking cognizance of this suo motu writ petition, we have minuted an order dated 04/12/2020 making reference to the various provisons of law which are relevant as stated in the writ petition drafted and presented on behalf of the High Court. We had also then heard the submissions of learned advocate Mr. Saikat Banerjee. Resultantly, we had issued notice to the 13 authorities and institutions impleaded as respondents in the array of parties as enumerated in paragraph 11 of the writ petition, also noticing the appearance of Mr. Saikat Banerjee for the Registrar General of this Court. Notices have been served on respondent nos. 1 to 13 by e-mail.

6. Today learned Advocate General appeared on behalf of the State respondents and made certain submissions which would stand encapsulated as hereunder:

“Control of Illegal Trade of Wildlife and Wildlife articles in West Bengal

Control of illegal trade in live wildlife and their articles poses a major challenge to the Forest Department of West Bengal. Due to the geographic location of West Bengal and the prevailing socio-economic scenario of the region, West Bengal has become a major transit point in the movement of the illicit wildlife and its articles. West Bengal shares its border with Bhutan, Nepal and Bangladesh. It is evident from the series of seizures that the Dooars and the Terai region of North Bengal as well as Kolkata is used as transit route by the miscreants involved in illicit wildlife trade. The North-East and Bhutan seems to be the origin and the produce are destined largely to China via Nepal. The live wildlife like birds, turtles, snakes and other wildlife articles are also being smuggled to Bangladesh from Bihar, Odisha, Jharkhand and other states passing through South Bengal and Kolkata. The Wildlife Wing of Forest Department had seized many wild birds, snakes, turtles, mongoose, hare, brushes and seized many vehicles as well as arrested smugglers and traders.

The Wildlife Wing of the West Bengal Forest Department, in coordination with other enforcement agencies like the Wildlife Crime Control Bureau, the Police Department, Customs, BSF, Coast guards, etc. keeps a strict vigil to prevent such activities. Of late, the Wildlife Wing has been successful in apprehending a number of offenders involved in this trade that has helped in busting of legal rackets involved in such activities, both in the North Bengal and in Kolkata.

The following actions are taken to control wildlife related crime especially illegal trade and smuggling:

1. Creation of Protected Areas such as 16 numbers of Wildlife Sanctuaries and 6 numbers of National Parks.

2. Intensification of Protection of flora and fauna in the state through intensive patrolling of forest areas.

3. Construction of protection camp, watchtower, etc. at strategic locations to keep vigil. Intensive Monsoon Patrolling especially in North Bengal.

4. Provisions of arms and ammunitions to the staff in protection work as well as strengthening of communication & wireless network.

5 Officers of non protected areas have been given powers delegated to deal with wildlife crime as status of Addl. Chief Wildlife Wardens (Addl. Principal Chief Conservator of Forests), Deputy Chief Wildlife Wardens (Chief Conservator of Forests & Conservators of Forest), Wildlife Wardens (Divisional Forest Officer), Assistant Wildlife Wardens (Assi