In a big relief for Vantara, the Supreme Court on Monday noted that a special investigation team (SIT) it appointed to look into its affairs has given a clean chit to the zoological rescue and rehabilitation centre. A bench of Justices Pankaj Mithal and P B Varale took the SIT's report on record and observed the probe team's satisfaction on the compliance and regulatory measures in Jamnagar-based wildlife centre.
The SC had formed the SIT, headed by a former apex court judge Justice J Chelameswar, on August 25 to look into the allegations of non-compliance with laws and acquisition of animals from India and abroad. The SC noted on Monday said that the authorities had expressed satisfaction on compliance and regulatory measures at Vantara.
Here are the key observations from the Supreme Court's order:
'SIT found no legal violations'
The SIT after thorough investigation in coordination with the above multiple agencies clearly opined and concluded that there is no violation of the Wildlife (Protection) Act, 1972, Recognition of Zoo Rules, 2009, CZA guidelines, Customs Act, 1962, Foreign Trade (Regulation and development) Act, 1992, Foreign Exchange Management Act, 1999, Prevention of Money Laundering Act, 2002, Bharatiya Nyaya Sanhita, 2023 or the Convention of International Trade in Endangered Species of wild Fauna and Flora.
'Court accepts SIT’s findings'
The court has no hesitation in accepting the conclusion so drawn in the report. Thus, as no contravention of law has been reported by the SIT, the complaints particularly those listed in Schedule A in the summary of the report stand closed.
'Imports and acquisitions fully documented'
The imports of the animals have been made only after issuance of valid permits. Once the imports of animals is fully documented and supported by valid permits, it is not open for anyone to go beyond the said permits and to dispute the validity attached to such permits or official acts.
'Repeated complaints had already been rejected'
It is pertinent to mention that repeated inquiries into the affairs of Vantara pursuant to multiple complaints/petitions filed from time to time have culminated with findings of no violation of law whatsoever.
'Welfare standards exceed benchmarks'
The SIT, after taking expert opinion has found that the Vantara facilities exceed prescribed benchmark and the mortality figures align with the global zoological averages. Upon consideration of the entire record, we are more than satisfied that the facilities at Vantara in certain respects exceeds the prescribed standards of animal husbandry, veterinary care and welfare as well as the statutory benchmarks laid down by the Central Zoo Authority.
'Independent global certification'
Independent bodies such as Global Human Society after site inspection and audit through a team has certified that respondent Vantara has not only complied with but exceeded internationally recognised benchmarks. It has been awarded ‘Global Humane Certified Seal of Approval.
'Periodic inspections validate compliance'
The periodic inspection by the Central Zoo Authority and the Chief Wildlife Warden of Gujarat, along with assessments by CITES reinforced the above conclusion. The allegations of deficiency in welfare standard are therefore unfounded.
'Financial impropriety allegations dismissed'
On the so-called allegations of misuse of carbon credits, water resources, or financial impropriety, the SIT has found them to be baseless. The Deputy Director, Enforcement Directorate from whom the SIT sought expert assistance clarified that there is no breach of provisions of the prevention of Money Laundering Act, 2002. The SIT deprecated the allegations and aspersions cast upon the statutory authorities, court appointed high power committee and also on the Courts.
'Court has barred repetitive petitions'
No further complaint or proceedings based upon such same set of allegations shall be entertained before any judicial statutory or administrative forum… to secure finality, obviate repetitive inquiries.
'SIT’s recommendations to be implemented'
The respondent – Vantara and the concerned authorities are directed to consider and implement the measures suggested by the SIT.
'Vantara free to pursue remedies against misinformation'
We may leave it open to the respondent Vantara to pursue its remedies in accordance with law for the deletion of any offending publication or for any action against those responsible for the misinformation or for actions for defamation or private complaints.
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