JUDGMENT AND ORDER :

N. Kotiswar Singh, J.

Heard Ms. P. Vijay T., learned counsel assisted by Ms. A. Neog, learned counsel for the petitioner. Also heard Mr. P.N. Goswami, learned Additional Advocate General, Assam assisted by Ms. S. Konwar, learned Govt. Advocate, Assam and Mr. D. Gogoi, learned Standing Counsel, Forest Department appearing for respondent Nos.1, 2 & 3 as well as Dr. Sujay Kantawala, learned counsel assisted by Mr. A. Khound, learned counsel for respondent Nos.4 and 5.

2. The present PIL has been filed by the petitioner who is an Advocate by profession seeking relief(s) inter-alia, for restraining the State of Assam, the Forest Department, Wildlife Division, All National Parks, all Zoos in the State of Assam and all rescue Centres in Assam from transferring any animal, whether wild or in captivity outside the State of Assam and also to rescue these animals and to cancel all agreements, if any, made by the State of Assam.

To be more specific, the relief(s) thus claimed by the petitioner in this PIL are reproduced as follows,

“a. Why a writ of Mandamus and/or other writ and/or order for permanent restraint should not be passed against the State of Assam, the Forest Department, the Wildlife Division, all National Parks, all Zoos in Assam and all rescue centres in Assam to not to transfer any animal whether in wild or in captivity outside the State of Assam in any circumstances, and/or,

b. Why a writ of Certiorari and/or writ of Mandamus and/or Orders should not be issued for cancelling all agreements if any made by the State of Assam, the Forest Department, the Wildlife Division, all National Parks, all Zoos in Assam and all rescue centres in Assam with respondent No.3.

c. Why a writ of Mandamus and/or Orders should not be issued to the respondent No.3 to get back all the animals that are transferred by the State of Assam, the Forest Department, the Wildlife Division, all National Parks, all Zoos in Assam or all rescue centres in Assam, and/or

d. Why a writ of mandamus and/or Orders should not be issued directing that the transport of the elephants out of State of Assam and State of Arunachal Pradesh should be banned, and/or.

e. Why a writ of Mandamus and/or orders should not be issued to constitute a Special Investigation Team be constituted to carry out investigation and inquiry into the transfer permission given to the elephants as mentioned above in this petition, and/or,

f. Why any other appropriate writ, direction or order should not be issued to the respondent authorities so as to provide adequate relief(s) to the petitioner for the ends of justice.”

3. The aforesaid relief(s) claimed by the petitioner have been sought by way of taking up, according to the petitioner, a public cause, more particularly for preserving and protecting the wildlife, premised on the ground that the State of Assam itself has several zoos and rescue centres which are capable of sheltering and taking care of the wild animals and captive wild animals in the State.

4. It has been alleged by the petitioner that certain agreement had been entered into by the authorities in the State of Assam with others, more particularly, with respondent No.4 for transfer of two panthers which were captive bred by the State Zoo in Guwahati, maintained by the respondent No.4, which has caused wide public discontentment.

5. It has been also alleged that certain MOUs have been signed between the State authorities and the respondent No.5 for keeping transferred wild animals and captive wild animals from the State of Assam under the guise of sheltering them in rescue centres.

6. The petitioner also has referred to certain incidents of transportation of elephants from Chowkham area of Namsai District of Arunachal Pradesh to Gujarat which was protested by the students of Arunachal Pradesh.

7. The petitioner also has questioned the credentials of the respondent Trusts, respondent Nos.4 and 5, and their capacity for sheltering and keeping the wild animals and captive wild an