New Delhi, Sep 14 The Supreme Court is set to resume hearing on Monday over a public interest litigation (PIL) seeking a thorough investigation into the alleged illegal wildlife transfers and the unlawful captivity of elephants at the Vantara wildlife facility in Gujarat's Jamnagar.
On August 25, a bench of Justices Pankaj Mithal and Prasanna B. Varale ordered the constitution of a Special Investigation Team (SIT) under the chairmanship of a retired apex court judge to probe into wide-ranging accusations, not only against Vantara but also casting aspersions on statutory authorities and even courts.
Ordinarily, such pleas "warrant dismissal in limine", the Justice Mithal-led bench observed.
However, noting allegations that statutory authorities and even courts were unwilling or incapable of discharging their mandate -- particularly in the absence of verified facts -- the apex court said it was appropriate "in the ends of justice to call for an independent factual appraisal which may establish the violation, as alleged, if any".
Apart from retired Supreme Court judge Justice Jasti Chelameswar, the SIT comprises former Chief Justice of Uttarakhand and Telangana High Courts Justice Raghavendra Chauhan, former Mumbai Police Commissioner Hemant Nagrale, and senior IRS officer Anish Gupta as members.
As per the top court's order, the SIT has been tasked to examine issues including acquisition of animals from India and abroad, particularly elephants; compliance with the Wildlife (Protection) Act, 1972; International Convention on Trade of Endangered Species of Flora and Fauna (CITES) obligations; standards of veterinary care and animal welfare; allegations of creating a vanity or private collection; misuse of water or carbon credits; and allegations of financial irregularities and money laundering.
The Justice Mithal-led bench clarified that the exercise is "only to assist the Court as a fact-finding inquiry" and "shall not be construed to have cast any doubt on the functioning of any statutory authorities or the private respondent-Vantara".
"This order neither expresses any opinion on the allegations made in the petitions nor this order be construed to have cast any doubt on the functioning of any of the statutory authorities or the private respondent Vantara," it said.
Asking the SIT to submit its report by September 12, the Supreme Court said the two PILs will be listed on September 15 to consider the SIT findings.
"The SIT... has submitted a report in a sealed cover along with a pen drive which also contains the report as well as its annexures. It is accepted and directed to be taken on record," noted Justice Mithal-led bench in an order passed on September 12.
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