MP High Court Summons Chairperson Of Elephant Advisory Committee Over Death Of Wild Elephant In Captivity Of Forest Dept

While hearing a public interest litigation regarding the order of the Forest Department for the capture and captivity of 5 elephants, the Madhya Pradesh High Court summoned the Chairperson of the State Elephant Advisory Committee to appear on August 26. 

The order was passed regarding the death of a wild elephant captured by the Forest Department. The petitioner also filed an application seeking protection of wild elephants in the territory, arguing that 'the State does not have any comprehensive policy and lacks the technical expertise to deal with the issue of wild elephants'.

During the hearing, the petitioner's counsel produced a video showing the forest department capturing an adult wild elephant alleged to have caused the death of three villagers.

The petitioner's counsel argued that the forest department did not verify said claims before the capture of the elephant. Further, it was argued that the video demonstrated the elephant remained 'absolutely calm' during the capture. It was further submitted that the elephant was 'captured and placed in an extremely small Kraal', forcing it to stand for days. 

The counsel for the petitioner also alleged that 'the forest department poses with the elephant and puts it up on social media handles that they have captured an elephant as a trophy from the wild'. 

Noting that the Elephant Advisory Committee was 'dragging its feet and not taking proactive decisions which are required', the bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf dictated;

"Keeping in view the number of instances of deaths of wild elephants who were captured. List on 26 August 2025, and the chairperson of the elephant advisory committee shall be personally present in court on said date of the hearing".

The petitioner submitted that under Section 11(1)(a) of the Wildlife (Protection) Act, 1972 (Act of 1972) and the Union government's policy, an aggressive elephant may be captured, only if necessary, and thereafter released back into the wild near a herd of wild elephants. 

However, in this case, the animal was instead restrained and subjected to training despite being a healthy adult male, which the petitioner described as a 'heart-wrenching process'. 

The court was informed that a similar issue arose earlier in Kanha, where an elephant was captured, and the committee had, in January 2025, recommended its release back into the wild. However, it was claimed that these recommendations had not been acted upon.  

The State, during the hearing, stated that the committee had already considered the release of two elephants- one from Kanha and one from Bandhavgarh. The State claimed that the Bandhavgarh elephant was released with a satellite collar for tracking. 

During the hearing, the court sought clarification from the petitioner's counsel on the role of an expert in the matter. It emphasised the need for involving a local expert, observing that the expert, who is currently engaged, is from Kerala. It emphasised that the variations in topography, food availability and surrounding wildlife in Madhya Pradesh could influence elephants' behaviour differently from other regions. 

The court further directed the State to place on record the release status of the captured elephants and listed the matter for August 26, 2025. 

Case Title: Nitin Singhvi v Union of India (WP-22959-2018)

For Petitioner: Advocate Anshuman Singh

For Respondent: Deputy Adovcate General B.D. Singh and Advocate Sandeep Shukla