CrPC Provision can't be used to kill Wildlife.. provision not applicable for wildlife in the wild - Kerala HC in the context of the elephant issue

Uttaranchal High Court directs Chief Wildlife Warden to follow procedure provided u/s 11 of Wildlife Protection Act, 1972 before directing to hunt/kill any wild animal “The decision of Chief Wildlife Warden to issue direction to hunt wild animal, has to be on a rational basis, foundationed on credible material, and not because of any pressure being exhorted by local politicians or people.”...

https://www.scconline.com/blog/post/2024/01/06/uhc-directs-chief-wildlife-warden-to-follow-procedure-provided-under-wildlife-protection-act-before-directing-to-hunt-wild-animal-legal-news/

The Court referred to Section 11(1)(a) of the Act and opined that the CWW had the responsibility that before issuance of any order or direction for any wild animal or man-eater to be killed or hunted he had to satisfy himself, based on the material placed before him that the wild animal, as specified Schedule 1 of the Act, which included leopard and tiger had become dangerous to human being or because of the disablement of the wild animal, he was required to be hunted which became inevitable. The Court further opined that the decision of the CWW must be on rational basis, based on credible material and not because of any pressure exhorted by local politicians or people. The Court further opined that self-determination of CWW was mandatorily required....

 

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