Keeping Lakshmi at an elephant rehabilitation centre cannot be termed illegal or unauthorised as jungle is the natural habitat of jumbos, the Delhi High Court has said while refusing to entertain her mahout's plea seeking her release from alleged illegal detention.
A bench of justices Manmohan and Sangita Dhingra Sehgal said the mahout of the 47-year-old pachyderm failed to show any documentary proof to establish that he is the owner of the elephant and she cannot live without him.
"Keeping in view the aforesaid principle and the fact that an elephant, by virtue of its natural characteristics, requires sufficient water, large area for housing as well as for walking and grazing, this court is of the opinion that jungle is the natural habitat of an elephant and the presence of elephant Lakshmi in elephant rehabilitation centre cannot be termed illegal or unauthorised," the bench said.
Lakshmi's mahout Saddam had moved the high court seeking its directions to release her from "illegal detention" at the elephant rehabilitation centre and bring her back to Delhi.
The high court further said that in case of a conflict between the rights of the elephant and the mahout, priority will have to be given to the elephant.
"This court is of the view that the elephant rehabilitation centre is better suited to take care of elephant Lakshmi's needs than a mahout. Consequently, this court is of the view that the presence of Lakshmi in the elephant rehabilitation centre is not illegal as alleged by the petitioner," it said.
Further, allegations of cruelty while shifting the elephant cannot be decided in a habeas corpus plea, it added.
"Even if the mahout is able to establish ownership, it would not be a ground to treat the elephant as his 'slave' and move elephant Lakshmi to an uncomfortable environment against her rights and interests. Consequently, the interest of Lakshmi is best served in a forest rather than in a congested city with a mahout," the bench said.
The high court granted liberty to Saddam to apply to the elephant rehabilitation centre for visitation rights.
"The elephant rehabilitation centre (respondent no.4) shall consider the said request in accordance with law. It is clarified that the rights and contentions with regard to this aspect are left open and the Centre shall decide the same without being influenced by any observation made by this court," it said.
Advocate Wills Mathews, appearing for the petitioner, argued that Lakshmi was a Delhi resident and had been regularly participating in Republic Day parades from the year 1995 to 2007 and was an integral part of various governmental, non-governmental and spiritual functions associated with poojas in temples, marriages, sports, games and opening ceremonies.
On January 9, the Supreme Court had refused to entertain Saddam's plea after which his lawyer had withdrawn the petition and the matter was "dismissed as withdrawn".
In July last year, the elephant had gone missing and a countrywide alert was issued to trace it. The animal was found by the Delhi Forest Department two months later. The police had "detained" the jumbo along with its mahout Saddam from Yamuna Pusta area in the national capital in September.
Saddam had alleged that Lakshmi was not being kept properly in the rehabilitation centre in Haryana and that the elephant would eat and drink fine only when the mahout is around.
According to the petition, Saddam and the elephant has a long bond of over 10 years.
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