Abir Phukan vs. Union Of India Ministry Of Environment, Forest And Climate Change Through National Tiger Conservation Authority

ITEM NO.18 COURT NO.3 SECTION PIL-W

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s).489/2018

PRERNA SINGH BINDRA & ORS. Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(WITH IA No.71120/2018-APPROPRIATE ORDERS/DIRECTIONS and IA No.73742/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS )

Date : 01-08-2018 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA

• For Petitioner(s) Ms. Sujatha Balachander, Adv. Mr. Basit K. Zaidi, Adv. Mr. Abhay Kumar, AOR Mr. Poojan Kapoor, Adv. Mr. Shreyek Gupta, Adv. Mr. Lalit Mohan Singh, Adv. For Respondent(s) Mr. A.N.S. Nadkarni, ASG Ms. Suhasini Sen, Adv. Mr. Ritesh Kumar, Adv. Mr. G.S. Makker, Adv. Ms. Anitha Shenoy, Adv. Mr. V.N. Raghupathy, Adv. Mr. Parikshit Angadi, Adv. Ms. Srishti Agnihotri, Adv.
  • Ms. Remya Raj, Adv.
  • Mr. Chandra Bhushan Prasad, AOR
  • Ms. Astha Sharma, Adv.

Digitally signed by SANJAY KUMAR Date: 2018.08.01 17:12:29 IST Reason: Signature Not Verified

UPON hearing the counsel the Court made the following O R D E R

Learned Additional Solicitor General has placed an affidavit of the Ministry of Environment, Forest and Climate Change in which it is stated that instructions

have been issued to all the concerned Principal Chief Conservators of Forest (PCCF) to desist from using any method of torture of elephants.

The affidavit be taken on record.

Learned counsel for the State of Karnataka says that she has instructions that all the spikes that have been obtained on tender will be removed and henceforth spikes or any other method will not be used to derive elephants.

We direct that any existing tender will remain stayed.

Similarly, we stay the tenders issued by the State of West Bengal, State of Jharkhand and State of Odisha in this regard.

Wherever the spikes or fireballs are used for driving elephants, remedial steps should be taken by the concerned States for removing the spikes and desisting from using the fireballs.

List the matter on 7th August, 2018.

AR-CUM-PS COURT MASTER

(SANJAY KUMAR-I) (KAILASH CHANDER)