The Hindu : Karnataka News : Plea against transfer of elephant to Armenia dismissed

Online edition of India's National Newspaper
Saturday, Mar 05, 2005

Karnataka

Karnataka

Plea against transfer of elephant to Armenia dismissed

By Our Staff Reporter

BANGALORE, MARCH 4. The Karnataka High Court on Friday dismissed a public interest litigation petition by Compassion Unlimited Plus Action (CUPA) against the decision of the Union Government to gift an elephant to Armenia.

In its petition, CUPA said the Prime Minister had decided to gift his Armenian counterpart an Indian elephant. The External Affairs Ministry had written to the National Zoo Authority asking it to identify the elephant to be gifted.

The National Zoo Authority, in turn, had written to the State Zoo Authority asking its help. The State authority zeroed in on Veda, a female elephant, at the Bannerghatta Zoological Park.

The petitioners contended that Veda was still young and that she needed her mother's care to survive. Besides, the climate of Armenia differed from India and the elephant would find it difficult to withstand the harsh winters of that country. It said Indian laws forbade gifting of wildlife.

A Division Bench comprising the Chief Justice, Nauvdip Kumar Sodhi, and Justice B. Padmaraj dismissed the petition saying it was misconceived. It said the transfer was being done as per the provisions of the Animal Protection Act.

Adjourned

The State Government has informed the Karnataka High Court that it will consult the Centre on the issue of discrimination among judges regarding grant of gratuity. The State made the submission before Justice R. Gururajan who is hearing the petitions by three retired judges challenging the disparity in gratuity.

The petitioners, M.P. Chinappa, H.N. Narayan and Mohammad Anwar, all of whom recently retired from the Karnataka High Court, said they were aggrieved by the acts of the respondents in discriminating between advocates and district judges appointed as High Court judges.

In the case of elevation of a district judge as High Court judge, the maximum gratuity payable as per the Karnataka State Civil Service Rules at the time of retirement was Rs. 2.5 lakhs, whereas for advocates so appointed it was Rs. 3.5 lakhs under the All-India Service Rules.

They said the Constitution suggested that the judges of the High Court were equal in every aspect, notwithstanding the position that any of them might have occupied prior to his/her appointment.

They said the State rules must operate in tandem with the spirit of the Constitution, whereas it was contrary here. They prayed to the court to declare Section (A) (2) of the High Court Judges (Salaries and Condition of Services) Act of 1954 as ultra vires of Articles 14 and 21 of the Constitution.

The State said it was in the process of consulting the Centre on the issue and sought more time.

Mr. Justice Gururajan adjourned further hearing of the case.

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