JUDGMENT :

Sharad Kumar Sharma, J.

On an issue of three incidents, which had unfortunately chanced in village adjoining to Bhowali areas, because of which three human lives were lost, because of the unprecedent attacks made by a man-eater, which as per the Forest Department, was claimed to be an unidentified mammal, whether the man-eater was leopard or tiger.

2. The issue of concern for us was, that no doubt the man-eater, if identified, has had to be dealt with, but then strictly in accordance with the provisions contained under Section 11 of the Wild Life (Protection) Act, 1972 (hereinafter to be called as “the Act”) and there cannot be any irrational decision by the Chief Wild Life Warden the authority competent to direct to hunt a wildlife included in Schedule 1 of the Act, to issue a direction at the hands of the Chief Wild Life Warden, to hunt down the animal without the satisfaction being recorded by him, who is an authority designated by law as contemplated under Section 11 (1) (a) of the Act. Section 11 (1)(a) of the Act is extracted hereunder:-

“(1) Notwithstanding anything contained in any other law for the time being in force and subject to the provisions of Chapter IV,—

(a)