“The state cannot go over and above against an expert committee’s order,” Supreme Court on relocation of Arikomban to Parambikulam
Today, the Supreme Court bench heard the matter related to the Kerala High Court’s order to relocate the rogue elephant (Arikomban) to Paarambikulam Tiger Reserve area from Munnar-Chinnakanal area. A three-judge bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice PS Narasimha dismissed the petition filed by the Kerala government challenging the High Court’s order. The decision of relocating Arikomban was given by an expert committee. While giving the judgment, the bench declined to interfere with the decisions made by a committee of experts. CJI orally observed that “You have an expert committee and experts themselves have said that the elephant has to be relocated. It is a reasoned order. We will not interfere.” The Supreme Court bench while dismissing the plea stated that “If the expert panel has suggested something, the state cannot then go over and above.”
The reason to relocate the elephant was the havoc created by him in the tribal settlements of the Idukki district. The rogue elephant had a special penchant for rice because of which it raid ration shops and homes for rice; hence, the rogue elephant got the name ‘Arikomban’ which means rice tusker. As per the Forest Department’s record, the rogue elephant (Arikomban) has injured at least 30 persons and damaged 180 buildings in 18 years. Due to the threat faced by the people living in the tribal colonies, the State government decided to capture and relocate the elephant to the Elephant centre in Ernakulam district. A group of animal rights activists then moved to the Kerala High Court against this decision and the division bench of the HC stayed relocation by observing that shifting an animal from its natural habitat will amount to cruelty. In this context, an expert committee was constituted by the High Court to examine the matter and the committee recommended the relocation of Arikomban to an alternate forest at Parambikulam. This recommendation was accepted by the High Court.
The settlers of Parambikulam region were against this relocation of the dangerous pachyderm to their area. Last week, the Kerala HC refused to review the shift to Parambikulam and opined that if no other new site is identified for relocation then the shifting of animal will be done to the same region. Previously, on April 01, 2023, the entire mission to capture Arikomban with the help of four ‘Kumki’ elephants was destroyed. Kumki elephants are specially trained animals for capturing or chasing wild animals or rescuing wounded ones. On April 01, 2023, Arikoman came close to the Kumki elephants to attack them leaving them defenseless. The matter was not listed for today but on an urgent listing of the case by Senior Advocate Jayant Muthuraj (appearing for the state), CJI agreed to hear the case. The advocate appearing for the state mentioned that one week time was given by the HC for the search of an alternate space to relocate otherwise Arikomban has to be shifted to Parambikulam. After dismissing the state’s plea, another petition was mentioned by Advocate VK Biju, filed by settlers of the region where Arikomban is to be relocated. The bench agreed to hear the matter listed by Biju tomorrow.
