“The High Court judges are suited to understand local issues” Supreme Court on intervention plea regarding captive elephants in Kerala

Last Updated on October 10, 2023 by News Desk

Recently, the Supreme Court bench headed by CJI DY Chandrachud, observed that high courts are best suited to understand the local issues due to their better knowledge of the particular area.

“We don’t know the ramifications of an order we may pass. The High Court judges are suited to understand local conditions. Let them make a primary order…if they make an egregious error, we are here.” It observed.

As per the live law report, The supreme court bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing the intervention application (AI) in a plea regarding captive elephants in the state of Kerala.

Senior Advocate CU Singh, appearing for the intervenors, stated the fact that the deaths of elephants under the age of 50 were increasing indefinitely in the state.

“They’re not doing the postmortem because they don’t want to identify malnutrition as the cause. 131 captive elephants in Kerala had died between February and September 2022. The majority of them were under 50 years old. Till September 2023, 22 more recorded deaths have been there. It’s a startlingly high rate.” He argued

The bench however vehemently denied to entertain the plea and asked the petitioners to approach the high court first. “My concern is this. We are not saying that what you (petitioners) point out does not deserve (consideration)… But there are 1,000 issues which merit attention. The SC should not render itself completely dysfunctional…You have HCs which consist of some seasoned judges. They know the ground reality. They know the impact of passing an order disabling the use of elephants. It’s also a matter which relates to local feelings.” It said.

The Court directed that the matter be listed for final disposal in the first week of December.

Case Title: Wildlife Rescue And Rehabilitation Centre And Ors. v. Union Of India And Ors. 

Written by Shagun Behal