(IN): PETA sends legal notice to Rajasthan government questioning use of elephants in festival on 10th March 09

[Guest guest]

Dear Azam,

My Advocate in the case of Elephant polo Dr. M.S. Kachawa has left due to

his new assignment, this PIL will come up for hearing before Hon'ble High

Court at Jaipur on 6th. March, 2009 & might be Mr. Raj Panjwani also not

going to attend this hearing........ I am going to file a fresh vakalatnama.

 

On Mon, Mar 2, 2009 at 3:03 AM, azam24x7 <azam24x7 wrote:

 

> Details of the notice are given below. Please support this fight against

> cruelty to elephants.

>

> *RAJ PANJWANI***

>

> *Advocate*

>

> *339, Lawyers Chamber *

>

> *Delhi** High Court, New Delhi –110003*

>

> *Phone. 23381975*

>

> *SPEED POST ON 28 FEBRUARY 2009*

>

> To

> (1) Secertary/Director of Tourism,

> Department of Tourism,

> Govt. of Rajasthan,

> Hotel Swagatham Campus,

> Near Railway Station,

> Jaipur-302006.

>

>

> (2) Principal Chief Conservator of Forests,

> Govt. of Rajasthan,

> Van Bhawan,

> Near High Court of Rajasthan,

> Vaniki Path,

> Jaipur-302005.

>

> (3) Chief Wildlife Warden

> Govt. of Rajasthan,

> Van Bhawan,

> Near High Court of Rajasthan

> Vaniki Path,

> Jaipur-302005

>

> *LEGAL NOTICE*

>

> Sub: Elephant Festival Jaipur, organized by Rajasthan Tourism at

> Jaipur, to be held on 10th March, 2009

>

> Sir,

>

> I have been instructed by my client People for Ethical Treatment of Animals

> (PETA) to address you as under:-

>

> 1. The Department of Tourism, Government of

> Rajasthan has scheduled to hold on 10th March, 2009 an Elephant Festival in

> Jaipur, Rajasthan.

>

> 2. That an promotional release has been posted

> on the website of Rajasthan Tourism announcing that the elephant festival

> would be organised on 10th March, 2009 at Jaipur wherein events like

> elephant races, elephant – Polo matches and tug of war between elephants and

> men are to be held. A photocopy of the said promotional release downloaded

> from the web is attached herewith.

>

> 3. Elephant is an critically endangered species

> and is listed at Entry No. 12-B of Part-I of Schedule-I of the

> Wildlife(Protection) Act, 1972, possession of which is prohibited. Only a

> person who

> has been granted an ownership certificate under Section 42 of the said Act

> by the Chief Wildlife Warden can possess an elephant. Further, Form-II

> prescribed under sub-rule 5 of rule 5 of the Wildlife (Transaction &

> Taxidermy) Rules, 1973 authorizes the Chief Wildlife Warden, while issuing

> an ownership certificate for a wild animal, to specify the purpose for

> which it can be used.

>

>

> 4. That a S.B. Writ Petition (PIL) No. 8987 of

> 2006 is pending before the Hon’ble High Court of Rajasthan at Jaipur,

> wherein the issue of welfare and ownership of elephants in Jaipur,

> particularly those stationed at Amber Fort is being looked into.

>

>

> 5. That PETA vide application dated

> 28thFebruary, 2008 had applied to the Public Information Officer, PCCF

> (Wildlife), Rajasthan under the RTI Act seeking the following information:-

>

>

> “(i) Total number of elephant located in Jaipur – Amber City.

>

>

>

> (ii) Number of elephants in Jaipur – Amber City

> which are without ownership certificates issued under Wildlife Protection

> Act, 1972.

>

>

>

> (iii) Break-up of number of ownership certificates

> in

> respect of elephants in Jaipur – Amber City which have been issued by the

> Chief Wildlife Warden, Rajasthan and the Chief Wildlife Wardens of other

> States respectively.

>

>

>

> (iv) Name and address of the person in whose actual

> possession the custody of each of the said elephant is currently with. If

> the person who holds the custody is other than the owner, than in what

> capacity and under whose authority the said person has been permitted to

> keep in his possession the said elephant.

>

>

>

> (v) Please supply a legible copy of the

> ownership

> certificate of each of the elephants which are located in Jaipur – Amber

> City.”

>

>

>

> 6. That the Hon’ble High Court by its order

> dated 11th July, 2008 directed the PCCF (Wildlife) Rajasthan to supply the

> specific information sought for in querry No. IV of the RTI Application

> i.e.

> “If the peson who holds the custody is other than the owner, than in what

> capacity and under whose authority the said person has been permitted to

> keep in his possession the said elephant.”

>

>

>

> 7. That as per the information supplied under

> the RTI Act there are 117 elephants including two baby elephants in Jaipur

> out of which the Ownership Certificates of 41 elephants have been issued by

> the Chief Wildlife Warden, Jaipur and for the balance 62, Ownership

> Certificates have been issued by the respective authorities of the States

> other than Rajasthan. The break of such certificates are as under:-

>

> * *

>

> *State Certificates*

>

> Assam 39

>

> Nagaland 02

>

> Bihar 10

>

> Maharashtra 02

>

> Andaman & Nicobar 04

>

> Arunachal Pradesh 03

>

> Delhi 01

>

> Lucknow 01

>

> ----

>

> Total 62

>

> ----

>

> 8. That the Wildlife Department has filed an

> additional affidavit dated 8th August, 2008 before the Hon’ble High Court,

> wherein it has in Para No. 5 deposed that “The present deponent is not in

> a position to furnish definite information, in what capacity and under

> whose authority, these persons [in Jaipur] are keeping the alleged

> elephants.”

>

>

>

> 9. That the Wildlife Department to the said

> additional affidavit dated 08.08.2008 has also annexed as Annexure AA/R/2 a

> list of 62 elephants whose ownership certificates are out of the State of

> Rajasthan and whose possession is with the local residents of the State

> of

> Rajasthan.

>

>

>

> 10. That as per Para No. 5 of the said affidavit

> dated 08.08.2008 the Dy. Chief Wildlife Wardan, Jaipur has issued notices

> dated 24.07.2008 to each of the said 62 pesons seeking specific

> information

> as to how the person has acquired the possession of the said elephant.

>

>

>

> 11. That the Elephant Owners Development Society

> which is a respondent in the said writ petition before Hon’ble High Court

> and of which, the said 62 persons are allegedly its members in response to

> the said notice sent a consolidated reply dated 28.07.2008, on behalf of

> the

> said 62 persons, which reply is evasive and does not disclose any

> information. Section 57 of the Wildlife (Protection) Act clearly mandates

> that the burden of proving lawful possession of an scheduled animal is on

> the person having possession of such an animal.

>

>

>

> 12. That the said 62 persons prima facie have in

> voilation of the provisions of the Wildlife (Protection) Act acquired the

> respective elephants which are admittedly in their possession and thereby,

> have committed an offense punishable under Section 51 of the Wildlife

> (Protection) Act.

>

>

>

> 13. Further, the alleged ownership certificates

> issued in favour of the original owner does not permit the elephant to be

> used for the purpose of events like elephant races, elephant-polo matches

> and tug of war. The purpose mentioned presumably in the ownership

> certificates is for logging. In cases where the purpose has not been

> specifically mentioned, the owner before using the elephant for any purpose

> has to approach the concerned Chief Wildlife Warden, which has issued the

> ownership certificate to permit and endorse the proposed purpose for which

> an elephant has been acquired.

>

>

>

> 14. That the Central Government has framed the

> Performing Animals (Regulation) Rules, 2001 under Section 38 of the

> Prevention of Cruelty to Animals Act, 1960. Rule 2 (h) defines “performing

> animal” to mean an animal which is used at or for the purpose of any

> entertainment including a film or an equine event to which the public are

> admitted.” Rule 3 prohibits any person to exhibit or train any animal as a

> performing animal unless it is registered under the said rules, in other

> words registered with the Prescribed Authority, which is the Animal Welfare

> Board of India.

>

>

>

> 15. That an elephant used for the purpose of racing

> or polo or tug of war clearly falls within the ambit of the definition of

> Performing Animal, and using an elephant for the said purpose is prohibited

> and an offence under Section 38(3) of the Prevention of Cruelty to Animals

> Act. None of the aforementioned 117 elephants which are to be used for

> performance during the said elephant festival at Jaipur are registered

> under

> the Performing Animals (Registration) Rules, 2001.

>

>

>

> It would indeed be unfortunate, if the State which is under an obligation

> to

> implement and enforce the laws, itself commits or promotes acts or events

> which are in complete voilation of the provisions of law.

>

>

>

> It is therefore, requested on behalf of my client that the elephants, which

> do not have a valid ownership certificate under the Wildlife (Protection)

> Act, 1962 or those elephants whose valid ownership certificates do not

> specifically permit the elephant to be used for racing or polo or tug of

> war; or those elephants which have not been registered under the Performing

> Animals (Registration) Rules, are not permitted to perform or be used for

> racing or polo or tug of war or for any other event or performance, during

> the scheduled Jaipur Elephant Festival. My client firmly believes that the

> officers of the State would uphold and implement the law, failing which,

> appropriate legal consequences would necessarily follow.

>

>

>

> * *

>

> * *

>

> *RAJ PANJWANI*

>

> Advocate

>

> CC: Secretary,

>

> Animal Welfare Board of India

>

> 13/1, Third Seaward Raod,

>

> Valmiki Nagar, Thiruvanmiyur,

>

> Chennai-600 041

>

>

>

> It is requested that appropriate directions/ orders may please be issued to

> the concerned authorities to prevent any breach of the Performing Animals

> (Registration) Rules, 2001.

[Guest guest]

Dear All:

Advocate Mr. Raj Punjwani will attend this case in Jaipur on behalf of PETA

India on the 6 March.

Thank you,

N.G.Jayasimha

 

 

 

aapn [aapn ] On Behalf Of Naresh

Kadyan

Tuesday, March 03, 2009 5:46 PM

AAPN List

Re: (IN): PETA sends legal notice to Rajasthan government

questioning use of elephants in festival on 10th March 09

 

Dear Azam,

My Advocate in the case of Elephant polo Dr. M.S. Kachawa has left due to

his new assignment, this PIL will come up for hearing before Hon'ble High

Court at Jaipur on 6th. March, 2009 & might be Mr. Raj Panjwani also not

going to attend this hearing........ I am going to file a fresh vakalatnama.

[Guest guest]

It may be also noted that PETA-India had intervened in the case from

just after the first hearing with Rajasthan High Court and because of

Raj Panjwani, they have come to this point in the case.

All the facts on ownership mentioned in their legal notice are from

the information they got from the PCCF after they applied under RTI to

him for the case.

 

So thanks again to PETA- India for coming to the rescue of Mr. Kadyan

and the elephants on this.

 

Mr. Kadyan please be assured that you have done a wonderful job and

with PETA and Raj Panjwani taking over this just cant get any better.

 

Kindly consult PETA-India and/ or Mr. Panjwani before filing a fresh

'vakalatnama' of a petition.

 

Thanks,

 

Azam

 

On 3/3/09, Naresh Kadyan <kadyan.ipfa wrote:

> Dear Azam,

> My Advocate in the case of Elephant polo Dr. M.S. Kachawa has left due to

> his new assignment, this PIL will come up for hearing before Hon'ble High

> Court at Jaipur on 6th. March, 2009 & might be Mr. Raj Panjwani also not

> going to attend this hearing........ I am going to file a fresh

> vakalatnama.