Orissa HC expresses displeasure over tardy progress in elephant poaching cases

Arms Act has not been invoked though elephants were found dead with bullet or pellet wounds: HC

The Orissa High Court has expressed its strong displeasure over tardy progress of criminal cases filed concerning to elephant poaching cases stating that trial has not commenced in 13 out 14 cases.

In response to a public interest litigation in Orissa HC, Odisha’s Chief Wildlife Warden Sashi Paul had admitted in the affidavit that 14 elephants had been poached by smugglers in past five years. 

“While better details of the fourteen cases involving illegal poaching of elephants in the last five years have been furnished, it is plain that the mere registration of these cases has not yielded the desired result of deterring the offenders from pursuing with their crimes. The progress of the cases is also not satisfactory,” said Orissa HC Division Bench comprising Chief Justice S. Muralidhar and Justice R.K. Pattanaik.

The Bench observed, “except in one out of the fourteen cases, trial has not yet commenced in any of them”.

The affidavit mentions about 33 wildlife cases (in five years) dealt by Special Task Force (STF) Crime Branch, which has also been assigned to handle inter-State drug trafficking, tender fixing, extortion and related offences, gang robbery, kidnapping and abduction for ransom, illicit supply of arms, ammunitions and explosives, gangs involved in trade of human organs and all matters related to terrorist activities, apart from wildlife-related crimes.

“Clearly, the STF is overburdened and cannot be expected to devote special attention to the task at hand considering that the increase in number of deaths of elephants in Odisha in the recent past has been alarming,” the Orissa HC remarks.

Moreover, the court wondered, “a concerted effort has to be made to activate the law enforcement machinery for strict enforcement of the Wildlife [Protection] Act and all other related laws, including the Arms Act, as in many of these instances, the elephants were found dead or grievously injured with bullet or pellet wounds. It is surprising that in none of these cases the Arms Act has been invoked.”