The Chhattisgarh High Court, led by Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, has taken suo moto cognizance in a tragic case of wildlife endangerment, WPPIL No. 89 of 2024. Prompted by news reports in Times of India and The Hitavada, the court acted on the reported electrocution of three elephants, including a calf, in the Chuhkimar forest of Raigarh district. This incident underscores the rising threat posed by low-hanging high-voltage wires to wildlife and raises grave concerns about negligence by responsible authorities.
Background of the Case
The case emerged following news coverage of a devastating event in which three elephants were fatally electrocuted after coming in contact with a loose 11KV live wire in Chuhkimar forest, Raigarh. The wire was reportedly hanging dangerously low, only 3-4 meters above the ground, a significant deviation from the minimum prescribed height of 7.5 meters. This incident marks a grim addition to the toll of 78 elephant deaths due to electrocution in the state since 2001.
Forest and environmental protocols require electrical wires to be insulated and set at a height that minimizes contact risk for wildlife. Yet, reports indicate this protocol was ignored, leading to the tragedy within a forest department nursery. The court noted allegations from animal rights advocates blaming both the electricity department and the forest department for this recurrent negligence.
Legal Issues Examined by the Court
The court addressed several critical legal issues in this case:
1. Negligence in Wildlife Protection: The court questioned the apparent disregard of established safety protocols, as these incidents highlight ongoing failures in securing electrical infrastructure to protect wildlife.
2. Responsibility and Accountability: The court called for a clear outline of accountability measures for those responsible. This includes the Energy Department and Chhattisgarh State Power Distribution Company, both named respondents in the case, to ensure preventive action.
3. Remedial Measures and Enforcement: Observing previous incidents involving wild animals and human fatalities due to electrocution, the court mandated immediate steps to enforce preventive infrastructure measures.
Court’s Observations and Directions
In a strongly worded directive, Chief Justice Sinha and Justice Guru emphasized the importance of compliance with safety measures: “The life and protection of wildlife cannot be compromised by negligence. It is the duty of all concerned departments to enforce protocols strictly.” They directed the Secretary, Energy Department, and the Managing Director of the Chhattisgarh State Power Distribution Company to submit personal affidavits detailing remedial actions taken and disciplinary measures against the erring officials.
The court’s observation reflects a stern stance: “The recurrence of such incidents underscores a systemic lapse that needs urgent correction.” The judges noted further tragic electrocution incidents, including one elephant death in Bilaspur’s Takhatpur forest and three bear deaths in Kanker district due to similar issues with unprotected live wires.
The court ordered that this matter be listed for further hearing on November 20, 2024, when it expects comprehensive affidavits on preventive measures and accountability actions from the involved authorities.
Parties and Legal Representation
The court’s attention to this matter was heightened by the active roles of various legal representatives:
– Ms. Surya Kawalkar Dangi represented the intervener, Nitin Singhvi, submitting that recent cases of wildlife electrocutions indicate a broader neglect.
– Mr. Prafull Bharat, Advocate General for the State, acknowledged that the wire in Raigarh was below permissible limits and reported disciplinary action against forest guards and electricity department officials.
– Mr. Ramakant Mishra, Deputy Solicitor General, appeared on behalf of the Union of India.
– Mr. Mayank Chandrakar represented the Chhattisgarh State Power Distribution Company.
The court ordered that this matter be listed for further hearing on November 20, 2024, when it expects comprehensive affidavits on preventive measures and accountability actions from the involved authorities.
