A bench of justices Dipak Mishra and Vikramajit Sen also slammed West Bengal government for allegedly deciding to sterilise tuskers, saying it is a "regressive and condemnable" step and restrained the state from resorting to such action.
"The MOEF has started behaving like a Rip Van Winkle remaining in happy slumber in this matter. We do not appreciate it and, therefore, it is directed that the Secretary, MOEF shall remain personally present on the next date of hearing so that he may be in a position to assist the Court," it said in its order.
It also condemned the West Bengal government for allegedly introducing contraceptives for elephants to prevent them from procreating in order to reduce the accidents on rail tracks.
"If it is so, it is absolutely impermissible and also condemnable. Avijit Bhattacharjee, learned counsel appearing for the State of West Bengal shall take instructions in this regard and file an affidavit of the competent authority.
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"However, as advised at present, we restrain the authorities of the State of West Bengal from taking any steps to administer any kind of contraceptives or introducing any method of sterilization which hinders natural procreative process of the elephants or any wildlife," it said.
It had also asked the state governments of Odisha, Assam, Uttarakhand, Jharkhand, Kerala, Madhya Pradesh and Uttar Pradesh to file response on the PIL seeking the court's intervention to prevent death of elephant on rail tracks.