Gauhati HC asks TN to allow Assam team to inspect captive elephant-

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GUWAHATI:  The Gauhati High Court on Friday issued an order, directing the Tamil Nadu government to allow a four-member Assam team to “inspect” and “verify” the health condition of Joymala – an adult Assam elephant held captive at a temple in the southern state – within three days from the day of receiving the order. The court directed it to ensure that the team is provided with police protection, “as may be justified in the facts and circumstances of the case”.

The Assam government had sent the team, which is led by Additional Principal Chief Conservator of Forests Hirdesh Mishra, to Tamil Nadu on September 2 to inspect the health condition of the jumbo which was allegedly abused.

Assam’s Advocate General Devajit Saikia told this newspaper the state government had filed a writ petition in the court as the Tamil Nadu government did not grant permission to the team to visit the temple and examine Joymala’s health.

He submitted in the court that the state government had made arrangements for the return of Joymala as well as eight other elephants belonging to Assam which are now in Tamil Nadu. “Initially, the Forest Department of the State of Tamil Nadu had issued NOC for return of the elephant, and had also requested the Assam Government to make payment of the cost for keeping the elephants in custody till their return back to Assam. The Assam Government had also agreed to bear such cost. However, since then, there has been no response from the (Tamil Nadu) departmental officials,” the court said.

The court also said that as per the case projected in the writ petition, it appeared that Joymala was transported to Tamil Nadu on the basis of an NOC and Transit Pass issued by the Assam government on September 8, 2011, permitting the animal to be retained in the Nachiyar Temple, Srivilliputhur for a period of three years. However, it said, after the expiry of the term of the NOC, the elephant has not been returned to Assam.

GUWAHATI:  The Gauhati High Court on Friday issued an order, directing the Tamil Nadu government to allow a four-member Assam team to “inspect” and “verify” the health condition of Joymala – an adult Assam elephant held captive at a temple in the southern state – within three days from the day of receiving the order. The court directed it to ensure that the team is provided with police protection, “as may be justified in the facts and circumstances of the case”.

The Assam government had sent the team, which is led by Additional Principal Chief Conservator of Forests Hirdesh Mishra, to Tamil Nadu on September 2 to inspect the health condition of the jumbo which was allegedly abused.

Assam’s Advocate General Devajit Saikia told this newspaper the state government had filed a writ petition in the court as the Tamil Nadu government did not grant permission to the team to visit the temple and examine Joymala’s health.

He submitted in the court that the state government had made arrangements for the return of Joymala as well as eight other elephants belonging to Assam which are now in Tamil Nadu. “Initially, the Forest Department of the State of Tamil Nadu had issued NOC for return of the elephant, and had also requested the Assam Government to make payment of the cost for keeping the elephants in custody till their return back to Assam. The Assam Government had also agreed to bear such cost. However, since then, there has been no response from the (Tamil Nadu) departmental officials,” the court said.

The court also said that as per the case projected in the writ petition, it appeared that Joymala was transported to Tamil Nadu on the basis of an NOC and Transit Pass issued by the Assam government on September 8, 2011, permitting the animal to be retained in the Nachiyar Temple, Srivilliputhur for a period of three years. However, it said, after the expiry of the term of the NOC, the elephant has not been returned to Assam.



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