Case Details: Karanartham Viramah Foundation versus Union Of India (2026) 41 Centax 418 (S.C.)
Judiciary and Counsel Details
- Prashant Kumar Mishra & N.V. Anjaria, JJ.
- S/Shri Santosh Paul, Sr. Adv. & Ankur Yadav, AOR, for the Petitioner.
Facts of the Case
The matter related to the import of endangered species of wild animals listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973 (CITES) by a zoo. The issue arose in the context of the cancellation or suspension of the zoo’s recognition for alleged CITES violations. In a similar matter, a Special Investigation Team report stated that there was no violation of any domestic or international law, and the same was accepted by this Court. CITES Secretarial documents also stated that there was no evidence that the animals were imported without requisite CITES documentation or import permits, and no evidence that such imports were for commercial purposes. The matter was accordingly placed before the Hon’ble Supreme Court.
Supreme Court Held
The Hon’ble Supreme Court held that once the import of wild animals listed in Appendix I of CITES was effected under a valid permission, the same could not subsequently be treated as prohibited qua the importer merely because objections were raised thereafter. The Court further held that the material on record, including the Special Investigation Team report and CITES Secretarial documents, did not indicate any violation of domestic or international law. It was also held that disturbing the settled environment, custody and air of living animals, including rescued animals after lawful import, may itself result in cruelty. Accordingly, the petition was dismissed.
List of Cases Cited
- East India Commercial Co. Ltd. v. Collector — 1983 (13) E.L.T. 1342 (S.C.) — Applied [Para 5]
