CUTTACK: The Orissa High Court has taken judicial notice of the death of elephants due to poaching in the State and directed the government to file an affidavit on the measures taken to curb the crime and also fixing responsibility on the officials concerned.
Acting on a PIL filed by one Gital Rout seeking judicial intervention into the serious issue concerning death of elephants due to poaching, the division bench of Chief Justice S Muralidhar and Justice RK Pattanaik directed the government to file the affidavit within two weeks and fixed the next date of hearing to July 25.
The bench observed, "In the past two to three years there have been numerous incidents where forest officials have come across carcasses of dead elephants with bullet wounds and other injuries and have issued press statements acknowledging that these animals were victims of illegal poaching."
"Since there is recurrence of these incidents with greater frequency in the recent past, the court considers it appropriate to require the State government to state on affidavit what steps have been taken to strictly enforce the Wildlife (Protection) Act, 1972, fix responsibility on officials entrusted with the enforcement of the Act and what corrective measures have been put in place to counter the challenges posed by illegal poaching," the bench said.
The PIL has sought amendment of the Wildlife (Protection) Act, 1972 at the State level. Petitioner Rout said killing of elephants can't be stopped until the prevailing law is made more stringent by bringing in amendments to the Act. Advocate Ashis Kumar Mishra appeared on the petitioner’s behalf.
According to the petition under the existing law, accused usually gets away with light punishment. Citing the Wildlife (Protection) (Assam Amendment) Act the petition expected amendments to increase the prison term from three to seven years to seven to 10 years and maximum fine amount Rs 50,000 from Rs 20,000 for wildlife offences.
The petitioner expected that a person convicted for a second time under Wildlife Act would be sentenced to at least 10 years or even life imprisonment and imposed fine up to Rs 75,000. Under the existing law, second time offenders can be sentenced to three to seven years and fined up to Rs 25,000.
All wildlife cases should be heard in the court not below the district & sessions judge, the petition said.