Gauhati HC declines immediate stay on transfer of 5 Assam elephants to Tamil Nadu temples

The Gauhati High Court on September 17 declined to pass an immediate restraint order on the proposed transfer of five captive elephants from Assam to temples in Tamil Nadu, saying there was prima facie no reason to stop the movement if all necessary statutory clearances had been obtained.

A Division Bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury was hearing an interlocutory application filed by Rohit Choudhury in connection with a pending writ petition challenging provisions of the Wild Life (Protection) Act, 1972 governing the ownership, control, custody and possession of captive elephants.

The applicant told the court that five elephants belonging to private individuals were shortly to be transported to temples in Tamil Nadu. The apprehension raised was linked to the alleged past overstay of an elephant transferred to Tamil Nadu, identified as Joymala, and the possibility of ill-treatment of elephants sent to temples.

The court, however, observed that there was currently no law prohibiting the transfer of elephants, provided the requisite clearances from the competent authorities had been obtained.

The bench also noted that the State of Assam had already approached the High Court seeking the safe return of Joymala to Assam, following its overstay in Tamil Nadu.

“Prima facie, we find no reason, as on date, to pass any restraint order, unless it is clearly shown that necessary clearances have not been obtained,” the court observed.

During the hearing, Assam Additional Advocate General P.N. Goswami informed the court that all clearances for the transfer of the five elephants had been granted. He also assured the court that all possible care would be taken to ensure their safe transportation to Tamil Nadu for religious purposes.

The court, while declining an immediate stay, stressed the importance of safeguarding the health and welfare of captive elephants and preventing their use for “unscrupulous/unauthorized” purposes.

The application has been kept pending, with the court directing the Assam government to respond to it by the next date.

The applicant has also approached a High Powered Committee seeking intervention. The court was informed that the Assam government has filed its response affidavit before the committee.

The connected writ petition, WP(C) No. 5899/2023, challenges the validity of the proviso to Sections 40(2A) and 40(2B) of the Wild Life (Protection) Act, 1972, alleging that the provisions create an exceptional regime concerning captive elephants and are arbitrary and violative of Article 14 of the Constitution.

The High Court has directed that the writ petition and the interlocutory application be listed together for consideration on October 15, 2026.