Published Jul 06, 2023 | 5:56 PM ⚊ Updated Jul 06, 2023 | 5:56 PM
Walking Eye Foundation, an organisation that approached the Court seeking information about the current location and condition of the elephant. (Supplied)
A rogue elephant — originally from Kerala, where it has a huge fan base, and now a resident of Tamil Nadu — is causing more than a little irritation in the country’s top court.
Expressing strong dissatisfaction over the multiple public interest litigations (PILs) being filed on behalf of Arikomban, the translocated rice-loving elephant, the Supreme Court on Thursday, 6 July, imposed a fine of ₹25,000 on a litigant, who sought a status report on the tusker’s health.
“Nothing on Arikomban,” the court said, adding that the petitioner may go to the High Court of Kerala, which is aware of the ground realities.
“Every week we are getting a petition. That is not the remit of the Supreme Court,” the Bench said.
The Bench of Chief Justice DY Chandrachud, also comprising Justices PS Narasimha and Manoj Misra, imposed the fine on the Walking Eye Foundation for Animal Advocacy which approached the court seeking information about the current location and condition of the elephant.
Advocate Deepak Prakash, appearing for the animal rights body, submitted that the petitioner was only concerned about the animal’s welfare and reminded the apex court about the powers guaranteed by the Article 32 of the Constitution.
The Article guarantees Indian citizens the right to seek constitutional remedy from the Supreme Court if they have been deprived of their fundamental rights.
The top court, however, did not accept the argument.
“This petition is a misuse of the process of the court. It is dismissed with a cost of ₹25,000 payable to the welfare fund of the Supreme Court Bar Association,” the Bench said, before issuing a stern warning.
“Since you have dealt with our attitude under Article 32, you pay the cost. I don’t allow lawyers to take my court for a ride. Do not misunderstand the gentle demeanour. There can be a tough exterior behind it. You now suffer,” the Chief Justice said.
In its petition, the pro-animal body had sought a detailed report regarding Arikomban’s health.
“Allow the present application and pass appropriate directions to the respondents herein to direct the Committee already in force formulated by the Hon’ble High Court of Kerala vide order dated March 29, 2023, to provide an urgent report on affidavit before this Court, regarding the health, condition, movement, and position of Arikomban and provide measures for safeguarding his Right to Life and Liberty as enshrined under Article 21 of the Constitution of India,” the plea said.
The petitioner also sought directions against adopting methods such as chemical tranquilisation, taming, or any other weapon-based means since Arikomban “has been a victim of a heavy dosage of chemical tranquilisation and any such further measure shall prove to be fatal for his life and well-being”.
“Pass appropriate directions to make immediate arrangements for the spot treatment of the elephant, Arikomban, and submit a detailed report regarding his present health,” the plea said.
Arikomban — a portmanteau of the Malayalam words ari, meaning rice, and komban, meaning tusker — was a native of Chinnakanal near the hill station Munnar in Kerala, where he displayed a penchant for raiding ration and grocery shops to gorge on his favourite rice and jaggery.
Fed up with the about-35-year-old pachyderm’s incursions into their hamlets, the locals staged protests to force his capture and relocation. The protests were countered by animal rights activists who opposed moving Arikomban from his habitat.
The matter got tangled in a legal case that went from the lower courts right up to the Supreme Court, which, on 17 April, stood by a Kerala High Court ruling that, on the advice of an expert committee it had appointed, said Arikomban should be translocated to some other forest area.
Following the Supreme Court ruling, the Kerala Forest Department mounted an operation that led to the capture of the tusker near Cement Palam at Chinnakanal on 29 April, and its relocation to the state’s Periyar Tiger Reserve (PTR) — some 105 km from his original home.
Arikomban, however, soon resurfaced — this time in Tamil Nadu’s Cumbum taluk in Theni district, on 26 May. This led to frenzied social media speculation in Kerala that the elephant was attempting to return to its original habitat in Idukki district.
However, those expectations were proven wrong as Arikomban did not venture into the Mathikettan Shola national park in the Idukki district, as many had anticipated.
The Tamil Nadu Forest Department deployed a team of veterinarians to monitor the tusker. As many as 23 elephant trackers were deployed to track its movements. On 28 May, Arikomban moved to the Koothanachi reserve forest, where forest officials prevented the elephant from entering human settlements.
The following day, the elephant entered Cumbum town. The animal, scared after a drone flew overhead and a truck continuously honked, ran amok. A 56-year-old man, Balraj, fell from his two-wheeler in the melee. He sustained severe head injuries and died on 30 May.
Even before Balraj’s death, the Forest Department had, on 27 May, initiated an operation to capture and relocate Arikomban.
On 5 June, the department officials tranquilised the elephant when it arrived at Chinnaovalapuram village in Theni. Forest officials secured its legs, and with the help of three trained elephants (kumkis), goaded it into a specially-designed ambulance and took it away.
The following day, Arikomban was released into the Kalakkad Mundanthurai Tiger Reserve (KMTR), which spans the Tirunelveli and Kanniyakumari districts of Tamil Nadu, bordering Kerala.
The Forest Department stated that the elephant was released deep inside the forest, close to a water source with abundant food, in the hope that it would not venture into human settlements again.
The pachyderm seemed to have adapted well to its new surroundings and had settled into its new home in the forest, the department said a couple of weeks later.
However, the elephant’s legion of fans in Kerala have continued to fret over its health and whether it was getting adequate food and water.
The matter yet again landed up in court. And, on 31 May, the Kerala High Court dismissed a PIL petition seeking the relocation of Arikomban back to Kerala.
(With PTI inputs)
