Calcutta HC Prohibits Hunting, Selling, Buying Or Exchanging Of Birds Either As Part Of Sale Of Domestic… – Live Law – Indian Legal News

In a big transfer, the Calcutta Excessive Court docket on Friday (26th March) prohibited the looking, promoting, shopping for or exchanging of birds both as a part of sale of home animals or in any other case.

The Bench of Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee ordered thus within the suo moto matter associated to the unlawful smuggling and buying and selling of endangered species of birds within the State.

The Division Bench had taken up the matter on the premise of a newspaper report that ‘uncovered the tip of an iceberg’ relating to the ‘merciless intrusion’ into the life birds.

Considerably, the Court docket noticed that every one unlawful actions in relation to birds and animals in no matter kind and in reference to no matter melas and different festivals must be fully stopped by the State, within the train of its police energy, if wanted.

Perusing the report filed by the Conservator of Forests, Wildlife and Chief Wildlife Warden, West Bengal, the Court docket appreciated the efforts made by the Principal Chief Conservator of Forests.

Nonetheless, the Court docket added that there are important areas that are to be handled as fragile when it comes to administration of wildlife.

Additional, to regulate wildlife crime particularly unlawful commerce and smuggling, the Court docket directed the Chief Secretary of the Authorities of West Bengal and the Secretary of the House Division, Authorities of West Bengal to collectively take into account the solutions made by Principal Chief Conservator of Forests.

Additionally, they’ve been directed to put the views of the Authorities from the angle of governance in an effort to effectuate the necessity to insulate and safe the wildlife and forest wealth.

The Court docket additionally issued the next instructions: –

  • Transport and smuggling of dwell birds via varied courier providers or packages or another mode via inland transport or via airports in any method shall be prevented.
  • The State Police and Police Authorities, Customs Authorities and safety personnel accountable for the airports in addition to police officers and different officers in charge of the inland transport system shall guarantee this.
  • The officers of the Motor Autos Division, the officers of the Police Division and officers of the opposite involved departments are directed to provide impact to the prohibition.
  • Any violation of this prohibitory order will probably be instantly taken cognizance of by the jurisdictional officers as enjoined by the legal guidelines.
  • The Airport Authorities, the Customs Authorities and the Authorities in charge of the inter-state boundaries, exit factors and entry factors, are directed to make sure that transportation of dwell birds and different small and large animals that are a part of wildlife, are intercepted and offenders are delivered to the guide.

Considerably, the restrictions imposed via the order have been directed to be complied all through the State of West Bengal and the order shall by itself be handled as a prohibition with public discover.

The Court docket sternly remarked,

Non-implementation of this order in its letter and spirit will probably be seemed upon as dereliction of obligation and violation of this order on the a part of the officers within the administration whose obligation it’s to implement this order.”

The prohibitory order has been directed to be printed in the web site of the State Authorities and the web site of the Excessive Court docket and such different web sites or modes of publication because the Principal Chief Conservator of Forests could deem match and applicable

The matter has been posted for additional listening to on 14th Could 2021.

Case Title: In re Smuggling and unlawful buying and selling of endangered species of birds

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