Introduction:
In the case of WA NO. 1311 OF 2023, the Kerala High Court addressed concerns raised by an appellant regarding the Forest Department’s actions in taking two leopard cubs. The appellant alleged a violation of the Standard Operating Procedure (SOP) issued by the National Tiger Conservation Authority (NTCA). The Division Bench, comprising Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen, found no evidence of violation but emphasized the mandatory adherence to SOP and the Wildlife (Protection) Act, 1972, while handling wild animals in human habitats.
Arguments from Both Sides:
The appellant approached the court based on a newspaper report claiming that the Forest Department took leopard cubs away, causing distress to the mother leopard and posing a threat to villagers. The Forest Department argued that they acted to protect the cubs from potential harm by villagers, providing medical care and following standard protocols. The single judge’s order noted the Forest Department’s efforts to save the cubs and dismissed the writ petition.
Court’s Judgment:
The division bench supported the Forest Department’s actions, emphasizing their commitment to SOP and wildlife protection laws. Acknowledging the unfortunate loss of one cub despite rescue efforts, the court highlighted the training provided to forest officials on wildlife rescue and rehabilitation. It held that forest officials diligently followed standard protocols and SOP, ultimately disposing of the writ petition. The judgment underscores the necessity for forest officials to strictly adhere to SOP when dealing with wild animals in human habitats.