'No contravention of law': SC closes case against Vantara after SIT clean chit

New Delhi, Sep 15 (PTI) The Supreme Court on Monday said there was "no contravention of law" while accepting a clean chit given by its special investigation team to Vantara, the zoological rescue and rehabilitation centre in Gujarat's Jamnagar.

A bench of Justices Pankaj Mithal and P B Varale took the SIT's report on record besides noting the probe team's satisfaction on the compliance and regulatory measures in Vantara.

The top court on August 25 constituted a four-member SIT headed by a former apex court judge while hearing two PILs alleging irregularities against Vantara on the basis of reports in the media and social media besides complaints from NGOs and wildlife organisations.

It came on record that the SIT, after a thorough investigation in coordination with multiple agencies "clearly opined" and held no violation of the Wildlife (Protection) Act, 1972, Recognition of Zoo Rules, 2009, CZA guidelines, Customs Act, 1962, Foreign Trade (Regulation and development) Act, 1992, Foreign Exchange Management Act, 1999, Prevention of Money Laundering Act, 2002, Bharatiya Nyaya Sanhita, 2023 or the Convention of International Trade in Endangered Species of wild Fauna and Flora.

"The Court has no hesitation in accepting the conclusion so drawn in the report. Thus, as no contravention of law has been reported by the SIT, the complaints particularly those listed in Schedule A in the summary of the report stand closed," the bench said.

Relying on the SIT report, the bench held Vantara received the animals "by rescuing them from various situations and housing them in the rescue centre for conservation, and breeding programs" through a complex multi-layered or multi-jurisdictional statutory approvals, procedure and documentation.

"The imports of the animals have been made only after issuance of valid permits. Once the imports of animals is fully documented and supported by valid permits, it is not open for anyone to go beyond the said permits and to dispute the validity attached to such permits or official acts," the verdict held.

The bench observed the import clearance in India was after various checks and compliances regulated and enforced by multiple statutory authorities as recorded by the SIT in the summary of the report.

"It is pertinent to mention that repeated inquiries into the affairs of Vantara pursuant to multiple complaints/petitions filed from time to time have culminated with findings of no violation of law whatsoever. Thus, there is apparently no merit in any of the allegations of animal smuggling or laundering," it added.

On the aspect of welfare standards to be adopted and followed for the conservation, the court said the SIT after taking expert opinion found Vantara facilities exceeded prescribed benchmark and mortality figures aligned with the global zoological averages.

"We are more than satisfied that the facilities at Vantara in certain respects exceeds the prescribed standards of animal husbandry, veterinary care and welfare as well as the statutory benchmarks laid down by the Central Zoo Authority," the bench said.

The verdict said independent bodies such as Global Human Society after site inspection and audit through a team certified that Vantara not only had complied with but had exceeded internationally recognised benchmarks. The apex court said the periodic inspection by the Central Zoo Authority and the Chief Wildlife Warden of Gujarat, along with assessments by CITES, reinforced the conclusion and the allegations of deficiency in welfare standard were, therefore, unfounded.

"On the so-called allegations of misuse of carbon credits, water resources, or financial impropriety, the SIT has found them to be baseless relying upon responses from agencies like CBI, DRI and ED." The bench noted that the SIT deprecated the allegations and aspersions cast upon the statutory authorities, court-appointed high power committee besides courts.

"Vantara in the past has been subjected to judicial scrutiny number of times and the allegations were rejected most of the times at every level/forum," the bench said.

"The SIT has noted with approval the decisions of the High Powered Committee headed by Justice Deepak Verma (former Judge of the Supreme Court) with regard to matters related to transfer of elephants in India," it said.

The apex court directed the proceedings of the report of the SIT to be re-sealed and kept confidential but directed a "complete copy of the same" to be shared with Vantara, subject to an undertaking that it won't be disclosed to third parties.

"The summary of the report which is exhaustive in itself as it does not carry comparable sensitiveness or attract the same degree of confidentiality but provides a faithful account of the conclusions reached by the SIT, shall not be treated as confidential," it said.

The judgment said the complaints and petitions including newspaper reports, articles, catalogues stood "duly investigated and closed".

No further complaint or proceedings based upon such same set of allegations should be entertained before any judicial statutory or administrative forum, it added.

The top court directed Vantara and the authorities concerned to consider and implement the measures suggested by the SIT.

It allowed Vantara to pursue its legal remedies for deletion of any offending publication or for any action against those responsible for the misinformation or for actions for defamation or private complaints under the BNS, 2023.

The top court appreciated the painstaking efforts of the SIT for conducting the inquiry with commendable, thoroughness and fearlessness and with all promptness and directed an honorarium of Rs 9 lakh each to paid to three members of the SIT.

"We are not granting any remuneration to the fourth member, Anish Gupta (IRS) of the SIT as he is still a serving member," it clarified.

On August 14, the top court said the plea filed by petitioner C R Jaya Sukin seeking to get a monitoring committee formed to return the captive elephants in Vantara to their owners was "completely vague". PTI PKS AMK AMK