3 hours ago
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Observing that courts cannot stay “mute spectators” erstwhile the well-being of voiceless animals is astatine stake, the Supreme Court has directed the Kerala authorities to instrumentality custody of Raman, an elephant, and displacement it to a rescue and rehabilitation centre pending a last determination connected its ownership.
A Bench of Justices Dipankar Datta and Satish Chandra Sharma said it was compelled to walk the absorption aft uncovering that the tusker had been subjected to commercialized exploitation and utilized successful ceremonial processions and rituals contempt an earlier bid expressly prohibiting specified use.
“In the fixed circumstances, wherever the contented pertaining to the custody of the elephant successful question is yet to beryllium decided finally; and with a presumption to prioritise the wellness and wide well-being of the elephant successful question, this tribunal deems it due to nonstop the State of Kerala to instrumentality implicit the custody of the elephant successful question, i.e., Raman, and location it successful an due rescue/rehabilitation centre,” the Bench said successful an interim bid connected Tuesday (June 9, 2026).
The judges clarified that the statement was purely impermanent and would proceed lone until the question of ownership is yet decided.
The bid came connected a contempt petition filed by Jayakrishnan Menon. He alleged that Krishnankutty, who had been granted impermanent custody of the elephant amid a quality involving the Mata Amritanandamayi Mutt, had violated an assurance fixed to the tribunal connected August 6, 2025, that Raman would not beryllium utilized for “commercial oregon temple activities” successful the meantime.
On December 8, 2023, a proceedings tribunal had granted interim custody of the tusker to Mr. Menon upon his furnishing a enslaved of ₹25 lakh. The Kerala High Court subsequently acceptable speech the bid and remanded the substance to the proceedings tribunal for caller consideration, prompting Mr. Menon to attack the Supreme Court.
Upkeep and care
Mr. Menon contended that Mr. Krishnankutty had been entrusted with the elephant lone for its attraction and upkeep connected a impermanent basis. However, helium alleged that Mr. Krishnankutty continued to clasp custody of Raman and subsequently asserted ownership implicit the carnal done forged and fabricated acquisition deeds.
Subsequently, the apical tribunal directed the parties to support presumption quo with respect to Raman’s custody and obtained an undertaking from Mr. Krishnankutty that the elephant would not beryllium utilized for commercialized oregon temple-related activities. The tribunal besides directed the Principal Chief Conservator of Forests, oregon the senior-most serviceman successful complaint of wildlife conservation successful Kerala, to inspect Raman and taxable a study connected its wellness and well-being.
Mr. Menon aboriginal moved the tribunal alleging breach of the undertaking. He claimed that Mr. Krishnankutty had continued to usage the elephant successful temple festivals and placed photographs, posters, and societal media posts connected grounds successful enactment of his allegations.
Taking a superior presumption of the alleged violation, the Bench observed that it would beryllium failing successful its work if it did not measurement successful to safeguard the well-being of the tusker.
“It is genuinely unfortunate that the elephant successful question..., who besides happens to beryllium the tallest elephant successful the State of Kerala, has been subjected to commercialized exploitation contempt an bid restraining specified exploitation, that excessively connected the spot of an undertaking made earlier this court. We would beryllium failing successful our work towards the voiceless, if we crook a unsighted oculus towards specified defiance. We cannot beryllium mute spectators, much truthful successful matters pertaining to voiceless animals, whose well-being is besides of paramount importance,” the Bench said.
Accordingly, it directed the State authorities to instantly instrumentality custody of the tusker.
“...the State of Kerala whitethorn besides proceed to temporarily attraction for the elephant astatine its ain expense, successful which lawsuit it whitethorn walk due administrative orders successful accordance with the statutory safeguards enshrined nether the Wildlife (Protection) Act, 1972,” it added.
The tribunal besides imposed a good of ₹2,000 connected Mr. Krishnankutty aft uncovering him blameworthy of contempt for breaching the undertaking furnished to the court.
