The Bombay High Court has instructed the High-Power Committee to grant a hearing to a Jain trust prior to reaching a conclusive verdict regarding the relocation of an elephant named 'Madhuri' from Kolhapur to the Radke Krishna Temple Elephant Welfare Trust (RKTEWT) situated in Jamnagar, Gujarat.

The High Court bench emphasized that the viewpoint of the owner, specifically the Jain Trust, should have been sought before the transfer of the elephant took place. This is particularly significant as the Jain Trust holds a declaration under Section 40(2) of the 1972 Act in its favor.

The RKTEWT, founded in 2013, is owned by Reliance Industries Limited, as per information available on its website. Spanning across 600 acres within RIL's Moti Khavdi complex, which also houses an oil refinery, the trust serves as a significant component of RIL's operations.

The conflict emerged on December 28, 2023, when the High-Power Committee (HPC) issued a directive for the transfer of Madhuri following a proposal by the NGO PETA. PETA alleged that the elephant was experiencing physical and psychological distress in Kolhapur and advocated for its relocation to RKTEWT for rehabilitation. The HPC concluded that the transfer of the elephant was necessary and subsequently requested mandatory No Objection Certificates (NOCs) from the Wildlife Wardens of both states.

Subsequently, the Chief Conservator of Forests issued a No Objection Certificate (NOC) on January 10, 2024. Following this, on February 13, 2024, directives were issued for the transportation of Madhuri to Jamnagar. These actions prompted the Jain trust, Swasthishri Jinsen Bhattark Pattacharya Mahaswami Sanstha Math, to approach the High Court.

In its petition, the Jain trust requested to be heard by the High-Power Committee, asserting that the committee's decision was "unilateral." The trust further stated that it holds ownership of the elephant under Section 40(2) of the Wild Life Protection Act, 1972, and has been responsible for the animal's care, including providing necessary treatment, since 1992.

Following the hearing, the court determined that the owner should be afforded a fair opportunity to present their case. Consequently, the court "requested" the High-Power Committee to ensure that all concerned parties are heard before reaching a decision. Additionally, the court noted RKTEWT's statement, in which they pledged not to proceed with the transfer of the elephant to Jamnagar until the representation from the Jain trust was resolved.

The bench clarified that it had not formed an opinion on PETA's representation before the High-Power Committee. It emphasized that the committee was at liberty to consider all pertinent aspects when evaluating the representation. The court specified that any action proposed as a result of the committee's decision should be implemented seven days after communicating it to the petitioner.

The High-Power Committee was established through a Public Interest Litigation (PIL) before the Tripura High Court and is assigned various responsibilities, such as handling requests for the transfer, importation into India, or procurement of animals for rescue purposes. In 2023, the committee's mandate and jurisdiction were expanded to cover the entire country.