(Krishna Murari and Hima Kohli, JJ.)
Swetab Kumar ____________________________________ Petitioner;
v.
Ministry of Environment, Forest & Climate Change and Others ____________________________________________ Respondent(s).
Writ Petition (Civil) No. 540 of 2022, decided on August 8, 2022
The Order of the court was delivered by
Order
1. This petition under Article 32 of the Constitution of India, in the nature of Public Interest Litigation has been filed challenging the legality and validity of the notification dated 11.06.2020 issued by the Ministry of Environment, Forest and Climate Change. The said notification was issued in the form of an “advisory for dealing with import of exotic live species of animals and birds in India and declaration of stock”.
2. The same Advisory has been the subject matter of challenge before various High Courts on identical grounds. However, it has been upheld at all junctures. Reference may be made to the judgment of the Delhi High Court dated 23.10.2020 rendered in Khodiyar Animal Welfare Trust v. Ministry of Environment [Writ Petition (Civil) No. 6372 of 2020]; judgment of the Rajasthan High Court dated 14.10.2020 in Vivek Swami v. Union of India [D.B. Writ Petition No. 7491 of 2020]; judgment of the Meghalaya High Court dated 14.10.2020 in Miss. J.S. Wahlang v. Union of India [PIL No. 15 of 2021]; and the judgment of the Allahabad High Court dated 30.07.2020 in Dinesh Chandra v. Union of India through Additional Principal Chief Conservator of Forest [P.I.L. Civil No. 12032 of 2020].
3. We have gone through the judgments of the High Courts referred to above upholding the Advisory impugned herein and are in agreement with the same. It may be noted that a Special Leave Petition, being SLP (C) No. 11659 of 2020, was filed against the abovementioned judgment of the Allahabad High Court which came to be dismissed by this Court vide order dated 13.10.2020.
4. The above judgment of the Allahabad High Court is a complete answer to the present PIL filed by the petitioner. Any interpretation to the contrary as suggested by the petitioner would defeat the very object of the Advisory. Once a declaration within the window of six months as provided under the Advisory is made, the exotic live species, including its progeny, the declarant or transferee(s) are fully exempt from explaining the source of exotic live species. The exotic live species which is declared or its progeny, are not liable to confiscation or seizure by any Central Agency or State Agency. Consequently, the declarant or the transferee(s) of such declarant will be immune from prosecution under any civil, fiscal and criminal statute by any Central or State Agency. Any other interpretation would lead to absurdity.
5. However, any declaration made after the expiry of the window under the Advisory shall carry no such exemption and the declarer shall have to comply with all requisite documentation under the extant laws and regulations.
6. The present Writ Petition stands dismissed with the aforesaid observations.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Writ Petition (C) No. 540/2022
Swetab Kumar.….Petitioner(s)
v.
Ministry of Environment, Forest and Climate Change & Ors.….Respondent(s)
(IA No. 106339/2022 – PERMISSION TO FILE AMENDED WRIT PETITION)
Date : 08-08-2022 These matters were called on for hearing today.
(Before Krishna Murari and Hima Kohli, JJ.)
UPON hearing the counsel the Court made the following
ORDER
7. The Writ Petition stands dismissed in terms of signed order.
8. Pending application, if any, shall also stand disposed of.
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