Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, in a nine‑hour hearing, dismissed the applicant's request to halt the move of five elephants from Assam to Tamil Nadu temples. The writ petition, lodged on May 15, challenges Sections 40(2A) and 40(2B) of the Wildlife (Protection) Act, 1972, arguing the provisions create an arbitrary regime that violates Article 14. The petitioners, a group of private owners, claim the Act’s provisions unfairly restrict their rights to move the animals for religious purposes. The bench concluded that the legal framework does not bar such transfers if statutory clearances are secured.
The applicant warned that the elephants could suffer mistreatment during the journey, citing the 2020 incident where an elephant named Joymala was allegedly kept beyond its authorized stay in Tamil Nadu. The petitioner also pointed to a High Powered Committee hearing that remains unresolved. The court noted that no law currently prohibits the transfer of elephants, but it stressed the need to safeguard their welfare.
P.N. Goswami, Assam’s Additional Advocate General, replied that all required permits have been granted and that the state will ensure the animals' safe passage. He promised that the transport would be conducted under veterinary supervision and that no harm would come to the elephants.
The High Court directed the Assam government to file its response by the next hearing date, scheduled for September 24. It also merged the writ petition with the interlocutory application, setting a joint hearing for October 15, 2026. The decision underscores the judiciary’s insistence on clearances and welfare safeguards before permitting the transfer.