Calcutta High Court directs state to prevent illegal transport of wildlife

Kolkata: The Calcutta High Court has directed the State of West Bengal to take immediate and effective steps to bring back three elephants—Bhola, Suman, and Basanti—that were unlawfully transported to an ashram in Bihar. The court also instructed the state to strengthen measures at its borders to prevent further illegal transport of wildlife.

The directive came from a division bench comprising Justice Ravi Krishan Kapur and Justice Arindam Mukherjee, who held that the elephants are the property of the State of West Bengal.

The case arose from a public interest litigation filed by Cape Foundation, a registered trust, raising concerns over the transportation and welfare of captive elephants registered in West Bengal but found outside the state. During the proceedings, it was revealed that the elephants had been moved to Satguru Daria Ashram in Gopalganj, Bihar, allegedly through a gift deed executed by the proprietors of Natraj Circus.

The court observed that Natraj Circus’s ownership certificate for the elephants had expired in 2013 and was never renewed. As such, it had no legal authority to transfer ownership in 2017. The Court emphasised that under the Wildlife (Protection) Act, 1972, no transfer or transport of captive animals listed under Schedule I can take place without prior written permission from the Chief Wildlife Warden. The bench found that no such permission had been obtained either from West Bengal or Bihar authorities. Furthermore, reports submitted by forest officials indicated that the elephants were being held in poor conditions and possibly subjected to cruelty and commercial exploitation.

The court directed the chief wildlife warden of West Bengal to coordinate with authorities in Bihar and take all necessary steps to secure the return of the elephants.