The petitioners in these writ petitions are either owners of elephants or association of elephant owners. The challenge in these writ petitions filed from 2003 onwards is against Section 43 of the Wild Life Protection Act 1972, whereunder, prohibition is introduced against sale of captive animal including elephants with effect from 01/04/2003. During pendency of these writ petitions, this Court issued interim orders staying the operation of the impugned provision.

The Central Government has now filed statement acknowledging the hardship caused to owners of captive elephants on account of the impugned amendment Act 16 of 2003. It is stated by the Government that amendment will be introduced exempting elephants from the operation of the prohibitory clause.

In other words, Government has recognized the genuine hardship against the prohibition and the need to permit transfer or sale of elephants by owners of the captive elephants who for many reasons will have to sell or transfer elephants, sometimes even to protect WP(C) Nos. 30959, 31503, 33554/03, 15986/04, 24966, 29760, 32021/06 & 2751/07 the animal itself.

In view of the statement filed by the Central Government, I do not