Explainer: Here’s why SC ordered SIT probe into affairs of Vantara
The Supreme Court’s order for a Special Investigation Team (SIT) probe into the affairs of ‘Vantara’ for alleged violation of provisions of the Wildlife Protection Act, 1972, and other relevant statutes in acquisition of animals from India and abroad has surprised many.
Run by the Reliance Foundation at Jamnagar in Gujarat, Vantara (Greens Zoological Rescue and Rehabilitation Centre) has been facing widespread allegations of violations of various statutory provisions and International Convention on Trade of Endangered Species of Flora and Fauna (CITES).
Stories appearing in newspapers, social media and various complaints by NGOs and wildlife organisations have been highlighting issues of non-compliance with laws and other statutory requirements concerning imports/exports of live animals, standards of animal husbandry, veterinary care and animal welfare have been an issue.
There have also been complaints regarding climatic conditions and allegations concerning Vantara’s location near an industrial zone, the top court noted.
The petitioners, including advocate CR Jaya Sukin, made accusations of wide amplitude viz, unlawful acquisition of animals from India and abroad, mistreatment of the animals in captivity, financial irregularities and money laundering. They also cast aspersions upon statutory authorities such as Central Zoo Authority, CITES and even courts.
Why SIT probe
While noting that the petitions proceed to indict these institutions simply based upon media reporting without there being any supporting material, the Bench chose to order a SIT probe in view of the “sweep of the allegations”.
A Bench of Justice Pankaj Mithal and Justice Prasanna B Varale said, “Considering the sweep of the allegations made in the petitions inviting a counter from the private respondent or any other party will not serve much purpose. Ordinarily, a petition resting on such unsupported allegations does not deserve in law to be entertained rather, warrant dismissal in limine (at the outset).
“However, in the wake of the allegations that the statutory authorities or the courts are either unwilling or incapable of discharging their mandate, more particularly in the absence of verification of correctness of the factual situation, we consider it appropriate in the ends of justice to call for an independent factual appraisal which may establish the violation, as alleged, if any,” it said, ordering a SIT probe led by former Supreme Court Judge J Chelameswar.
Requesting the SIT to conduct the fact-finding inquiry “forthwith”, the top court asked it to submit a report by September 12. It directed all statutory authorities to extend cooperation to the SIT.
What’s to be probed
The SIT shall examine acquisition of animals from India and abroad, particularly elephants; compliance of Wild Life (Protection) Act, 1972 and rules for zoos made thereunder; CITES and compliance with import/export laws and other statutory requirements concerning imports/exports of live animals; compliance with standards of animal husbandry, veterinary care, standards of animal welfare, mortalities and causes thereof; complaints regarding climatic conditions and allegations concerning location near an industrial zone; complaints regarding creation of a vanity or private collection, breeding, conservation programs and use of biodiversity resources as also complaints regarding misutilisation of water and carbon credits.
The top court also asked the SIT to investigate complaints regarding allegations of breach of different provisions of law, trade in animals or animal articles, allegations of wildlife smuggling, complaints regarding issues of financial compliance, money laundering and any other issue germane to allegations made by petitioners.
However, it clarified that it was only “a fact-finding inquiry so as to ascertain the true factual position and to enable the court to pass any further order, as may be deemed fit…”
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