SC dismisses plea seeking report on health of rice-eating tusker 'Arikkomban'

NEW DELHI: The Supreme Court on Thursday dismissed a plea seeking a detailed report on the health and movement of rice-eating tusker Arikkomban.

A bench headed by Chief Justice D Y Chandrachud also imposed a cost of Rs 25,000 on the animal rights body Walking Eye Foundation for Animal Advocacy.

''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 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 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 CJI said.

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 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 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 Nadu's 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.