Arikkomban: SC refuses to entertain plea seeking tusker's health report

The Supreme Court on Thursday refused to entertain a plea seeking a detailed report on the health and movement of Keralas rice-eating tusker Arikkomban.

A bench headed by Chief Justice D Y Chandrachud asked animal rights body Walking Eye Foundation for Animal Advocacy to approach the high court.

“Nothing on Arikkomban. We are fed up of this Arikkomban. You go to the Kerala High Court. They are aware of the ground realities. Every week we are getting a petition that place this elephant somewhere else. That is not the remit of the Supreme Court,” the bench, also comprising justices P S Narasimha and Manoj Misra, said.

Advocate Deepak Prakash, appearing for the animal rights body, submitted that it was only concerned with the welfare of the animal and reminded the apex court about powers under Article 32 of the Constitution.

The top court took exception and said, “This petition is a misuse of the process of the court. It is dismissed with a cost of Rs 25,000 payable to the welfare fund of the Supreme Court Bar Association. Since you have dealt with our attitude under Article 32, you pay the cost. I dont 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 CJI said.

Later, an order uploaded on the apex court website the order read, “Counsel appearing on behalf of the petitioner seeks the permission of the court to withdraw the petition so as to take appropriate steps by moving either the competent authority or, as the case may be, the jurisdictional High Court. The petition is dismissed as withdrawn.” The animal rights body sought a detailed report regarding the present health of Arikkomban.

“Allow the present application and pass appropriate directions to the respondents herein to direct the Committee already in force formulated by the Honble 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 Arikkomban 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 plea also sought directions not to adopt methods such as chemical tranquilisation, taming, or any other weapon-based method against Arikkomban since “he 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, Arikkomban and submit a detailed report regarding his present health,” the plea said. Known for its love of rice and ration shop raids in Kerala, Arikkomban was last month translocated to the Periyar Tiger Reserve in the state, before it strayed into Cumbum town in Tamil Nadus Theni district on May 27.

Subsequently, the Tamil Nadu government formed a team of experienced forest officials under the field director of Srivilliputhur Megamalai Tiger Reserve (SMTR) to nab the tusker.

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