SIT probing complaints against Vantara submits report in SC
New Delhi (PTI): The Supreme Court-appointed SIT probing the affairs of Vantara, a zoological rescue and rehabilitation centre in Gujarat's Jamnagar, on Friday submitted a sealed cover report.
A bench of Justices Pankaj Mithal and P B Varale took the report on record after the SIT counsel headed by former top court judge Jasti Chelameswar, submitted the report.
"The SIT formed by this court has submitted a report in a sealed cover along with a pen drive which also contains the report as well as its annexures. It is accepted and directed to be taken on record," the bench said.
The matter would likely be heard on September 15.
The top court constituted the SIT on August 25 to conduct a fact-finding inquiry against Vantara, in view of allegations of non-compliance with laws and acquisition of animals from India and abroad, particularly elephants.
The top court constituted the four-member SIT headed by a former apex court judge while hearing two PILs alleging irregularities against Vantara on the basis of reports in the media and social media and diverse complaints from NGOs and wildlife organisations.
Considering the sweeping allegations the top court said inviting a counter from the private respondent or any other party would not serve much purpose.
Ordinarily, the court said, a petition resting on such unsupported allegations does not deserve in law to be entertained, rather it warrants dismissal in limine.
It said besides Justice Chelameswar, other members of the SIT will be Justice (retired) Raghavendra Chauhan (former chief justice of the Uttarakhand and Telangana high courts), former Mumbai commissioner of police Hemant Nagrale and former Indian Revenue Service officer Anish Gupta.
The order was said to neither "express any opinion on the allegations made in the petitions nor can it be construed to have cast any doubt" on the functioning of any of the statutory authorities or Vantara.
The court directed the SIT to examine and submit its report on the acquisition of animals from India and abroad, particularly elephants, compliance with the Wild Life (Protection) Act and rules for zoos made thereunder, the International Convention on Trade of Endangered Species of Flora and Fauna, the import-export laws and other statutory requirements concerning the import and export of live animals.
The SIT was further ordered to examine the compliance when it came to standards of animal husbandry, veterinary care, standards of animal welfare, mortalities and causes thereof, complaints regarding climatic conditions and allegations concerning location near an industrial zone, complaints regarding the creation of a vanity or private collection, breeding, conservation programmes and use of biodiversity resources.
The panel would also look into complaints regarding issues of financial compliance, money laundering and regarding any other subject, issue or matter germane to the allegations made in these petitions, the top court said.
On August 14, the top court described as "completely vague" the plea filed by petitioner C R Jaya Sukin seeking to get a monitoring committee formed to return the captive elephants in Vantara to their owners.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
