Supreme Court Dismisses PIL Against Import Of Wildlife By Private Entities
The bench observed that disturbing the settled environment and custody of living or rescued animals after a lawful import could constitute cruelty.
The Supreme Court of India dismissed a Writ Petition filed by the Karanartham Viramah Foundation, which alleged violations of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) regarding animal imports by private entities.
The Court was hearing a writ petition under Article 32 of the Constitution seeking directions on the the basis of alleged violation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as “CITES”).
The Bench of Justice Prashant Kumar Mishra and Justice NV Anjaria ordered, "The principles enunciated in the case of East India Commercial Co. Ltd. Vs. The Collector of Customs, 1962 AIR 1893 would clearly apply. More importantly, disturbing the settled environment, custody and air of living animals, including rescued animals after lawful import, may itself result in cruelty. Accordingly, the Writ Petition stands dismissed..."
Senior Advocate Santosh Paul appeared for the Petitioner.
The Court said that the subject matter of the petition, in substance, is the same which was the subject matter of consideration in another writ petition. It added that those matters were examined by the SIT constituted by the Court, and the final report of the SIT was accepted by this Court on September 15, 2025. The same categorically records that no violation of any domestic or international law was found.
Regarding CITES document, the Court said, "It is also to be noted that the CITES Secretarial Document relied upon by the petitioner, does not assist his case. On the contrary, the said document records that CITES Secretariat found no evidence that the animals had been imported without the requisite CITES documentation or import permits and there is no evidence that such imports were for commercial purposes. Thus, the said conclusion is in consonance with the findings recorded by the SIT, and accepted by this Court."
"We also note that once an import has been effected under the valid permission, the same cannot subsequently be treated as prohibited qua the importer merely because the objections were raised thereafter", it added.
The Petition prayed for the issuance of writ of mandamus or any other appropriate writ, order or direction, directing Respondents i.e. Union Of India, Central Zoo Authority, Directorate General Of Foreign Trade and Wildlife Crime Control Bureau to place before the Court the entire record pertaining to permissions, recognitions, and import/export licences granted to Respondents i.e. Greens Zoological Rescue And Rehabilitation Centre and Radha Krishna Temple Elephant Welfare Trust since 2019, together with all CITES permits relied upon, internal evaluations, minutes of the Central Zoo Authority, and any correspondence exchanged with the CITES Secretariat or foreign Management Authorities in relation thereto.
It prayed, "Constitute an Independent National Wildlife Trade Compliance Monitoring Committee, chaired by a retired Judge of this Hon'ble Court and comprising eminent experts in wildlife biology, international trade regulation, and environmental law, with the mandate to verify the legality and authenticity of all CITES import, export and re export permits connected to Respondent Nos. 5 and 6; (c) Direct Respondent Nos. 3 and 4 to initiate appropriate proceedings under Sections 38H(6), 381, and 51 of the Wild Life (Protection) Act, 1972, including suspension or cancellation of zoo recognition, if the inquiry reveals contraventions of law or misuse of recognition by Respondent Nos. 5 and 6 or by any other associated entities."
Further, it was prayed, "Direct Respondent Nos. 1 and 2 to formulate, publish and notify a comprehensive Standard Operating Procedure (SOP) within a period of three months, laying down the process for due diligence and verification of CITES permits...Direct that no further imports or acquisitions of live animals listed under Appendix I of the CITES Convention be permitted by any private zoo, trust, or facility, including Respondent Nos. 5 and 6, until such time as the Independent Committee submits its verification report to this Hon'ble Court."
The court emphasized that imports conducted under valid permissions cannot be retroactively treated as prohibited due to subsequent objections. The bench observed that disturbing the settled environment and custody of living or rescued animals after a lawful import could constitute cruelty.
Accordingly, the petition was dismissed.
Cause Title: Karanartham Viramah Foundation v. Union of India & Ors. [Writ Petition(s)(Civil) No(s). 1113/2025]
Appearance:
Petitioner: Senior Advocate Santosh Paul and AOR Ankur Yadav