

Staff Reporter
GUWAHATI: A division bench of the Gauhati High Court, comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, today said that prima facie, they ‘found no reason, as of date, to pass any restraint order on the move to transport five elephants from Assam to temples in Tamil Nadu, provided necessary clearances have been obtained. However, considering the importance of maintaining the health of the elephants, who are currently in the custody of private individuals, and preventing their use for unscrupulous or unauthorised purposes, we are keeping the application –IA (civil)/3325/2026– pending with a direction to Assam additional advocate general PN Goswami to respond to this application by the next hearing on October 15, 2026.
Rohit Choudhury filed the writ petition questioning the validity of the proviso to Sections 40(2A) and 40(2B) of the Wild Life (Protection) Act, 1972, as being arbitrary and violative of Article 14 of the Constitution of India, in as much as it creates an exceptional regime governing the ownership, control, custody and possession of the captive elephants.
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