The court affirmed that illegal transport of wildlife under protection laws violates ownership rights, mandating authorities to restore possession to the rightful state.

1. The grievance in this Public Interest Litigation pertains to the illegal transportation of elephants from the State of West Bengal. It is contended that as many as 24 elephants had been transported out of the State of West Bengal to different States. Upon filing of the writ petition, by an order dated 19 July 2019, a Co-ordinate Bench directed as follows:

“This Public Interest Litigation has been taken out by a registered trust named “Cape Foundation” and one of its trustees named Radhika Bose.

The issue which the petitioners have raised in this Public Interest Litigation is essentially centred around the well being and protection of some captive elephants which, although registered in West Bengal, are now in the State of Bihar and some other State. The details where the captive elephants are presently kept have been disclosed in an affidavit filed on behalf of the State of West Bengal earlier.

So far as the question of bringing them back to the State of West Bengal is concerned, we are of the view that the respondent no.2, being the Chief Conservator of Forests (Wildlife), who is also the Chief Wildlife Warden, should take necessary steps by interacting with the appropriate authority of the Government of Bihar in order to bring the elephants back to the State of West Bengal. If there are other elephants in any other State, as disclosed in the affidavit filed on behalf of the State of West Bengal, the respondent no.2 shall proceed in the same manner as directed hereinbefore.

It will be open to the respondent no.2 to realise costs for transportation, etc., in order to bring the elephants back and for their upkeep in the State of West Bengal from the respondent nos.3 and 4, namely, Natraj Circus and Famous Circus, respectively, in accordance with law.

The writ petition stands disposed of accordingly. Urgent photostat certified copy of this order, if applied for, be given to the parties.”

2. In view of the alleged non-compliance with the order dated 19 July 2019, the petitioner had filed an application for contempt wherein an order dated 7 September 2022 was passed inter-alia directing the respondents as well as the intervenors to purge their contempt. In this context, it is important to mention that after the passing of the order dated 19 July 2019, the respondent no.5 Satyadeb Das claiming to be the Mahant of an Ashram where the three elephants were kept and alleging to be the lawful owner of the three elephants had complained of not being heard before passing of the order dated 19 July 2019.

3. Subsequently, by an order dated 4 May 2023 passed in (SLP) C No.18958 of 2022, the Hon’ble Supreme Court had set aside the above orders dated 7 September 2022 and 19 July 2019 respectively and directed to hear the added respondent no.5 and the other parties. By the said order, it was made clear that only the portion of the order dated 19 July 2019 which related to the added respondent no. 5 is set aside. The order directed that the issues raised in the writ petition be adjudicated afresh and also to take into consideration the Report of the Secretary, District Legal Services Authority, Gopalganj as regards to the habitation and health conditions of the subject elephants. All the questions relating to the merits of the matter were left open for consideration insofar as the respondent no.5 is concerned.

4. In brief, the case of the respondent no.5 Mahant was that the three elephants Bhola, Suman and Basanti were originally working at Natraj Circus. Thereafter, the proprietors of Natraj Circus had executed a Gift of Deed on 12 October, 2017 in f