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Supreme Court dismisses PIL alleging wildlife trade violations by Vantara
The Supreme Court has dismissed a public interest litigation alleging violations of international wildlife trade norms in the import of animals by Vantara, the wildlife rescue centre run by Reliance Foundation in Gujarat’s Jamnagar, Live Law reported on Thursday.
A bench of Justices Prashant Kumar Mishra and NV Anjaria noted that similar concerns had already been examined and rejected in September after a court-appointed inquiry found no foul play.
It quashed the petition filed by the Karanartham Viramah Foundation under Article 32 of the Constitution, which allows individuals to directly approach the court for the enforcement of fundamental rights.
The petition had relied on a document of the Convention on International Trade in Endangered Species of Wild Fauna and Flora to allege irregularities in wildlife imports by two trusts linked to Vantara: the Greens Zoological Rescue and Rehabilitation Centre and the Radha Krishna Temple Elephant Welfare Trust, Live Law reported.
In November, a document published by the convention raised concerns about animal transfers to Vantara, stating that India did not conduct “due diligence” while issuing import permits in several cases. It had flagged transfers involving species such as a mountain gorilla from Haiti, chimpanzees from Congo and an orangutan.
However, at a Convention on International Trade in Endangered Species of Wild Fauna and Flora meeting in Uzbekistan, this recommendation was later reversed. Several countries, including India, the United States, Japan and Brazil, said the measure was premature, with some stating there was no evidence of illegal imports into India, Reuters reported.
In the recent plea, the petitioner had sought disclosure of import and export licences and permits issued under the convention on international trade and the constitution of an independent body to verify compliance with its norms.
It also sought initiation of proceedings under the Wildlife Protection Act, 1972, framing of a standard operating procedure for verification of permits and a temporary ban on further imports of certain species by private facilities.
The court observed that the matter had already been examined in September by a special investigation team constituted to look into the acquisition of animals by Vantara.
The team was constituted by the court in August to look into whether the centre complied with the 1972 Wildlife Protection Act and zoo rules, and statutes governing the acquisition of animals from India and abroad, particularly elephants.
The action had come while the court was hearing two petitions filed following the controversy about shifting an ailing elephant from a temple in Kolhapur to Vantara in July. The investigating team, headed by retired Justice J Chelameswar, submitted the report to the court in September. According to the report, the team was satisfied with the compliance and regulatory measures followed by Vantara.
Referring to these findings, the bench said that once imports are made with valid statutory permissions, they cannot later be treated as illegal merely because objections are raised.
“More importantly, disturbing the settled environment, custody and air of living animals, including rescued animals after lawful import, may itself result in cruelty”, Live Law quoted the court as saying.
Source: Scroll
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