The HC was informed by the Delhi government that it did not have clarity on the purpose and the need to transfer the elephant to Delhi. The bench of Chief Justice Manmohan and Justice Tushar Rao Gedela went on to issue notice to Maa Baglamukhi Mandir, which has its registered address at Greater Kailash and plans to house the elephant at Sainik Farm.

Forms 3 and 4 under the Captive Elephant (Transfer or Transport) Rules, 2024, as submitted to the court by the Delhi government, show the Sainik Farm property was inspected by wildlife department officials on August 8, when they met temple trustee Dilip Kumar Barik. . The inspection recorded that the premises have a roof approximately 20 feet high, air conditioning, a large swimming pool as well as open space.

On Thursday, the petitioner, the Federation of Indian Animal Protection Organizations (FIAPO), submitted through its advocates Abir Phukan and Shibani Ghosh that the premises are “far from the natural habitat” of the elephant.

After Deputy Conservator of Forest (DCF) Vipul Pandey failed to give details related to the ownership and occupancy of the premises, the bench directed him to inspect the site and get back with the details later in the day.

Addressing the DCF, CJ Manmohan orally instructed, “Who is the officer who visited the area? Where are the photographs, how many people are staying there?… You can’t be so blind, you will have to tell us… How can you be so ignorant of the most important facts? You will visit the area today… You will tell us how many people are staying, who are they, what is the activity going on there, how many animals are there… You prepared Form 4 and (yet) you are oblivious to all this. “

Later in the day, after inspection, the Delhi government informed the HC that the premises were occupied by the temple trust. It, however, admitted that it does not have information on the purpose of housing the captive elephant. “It is not for religious purposes, but to take care of old animals,” it said through its standing counsel Santosh Kumar Tripathi.

After the court pointed out that the animal is not too old, aged 40 years, Tripathi concurred, submitting, “I have not observed very old animals (at the premises)… either it is some kind of breeding center (or is a mini zoo or a rescue center).” The petitioners pointed out that in the case of being a rescue center or a mini zoo, the premises will require appropriate registration and licensing under the law.

The court was also informed that the premises are housing several animals – 23 horses, 52 dogs, 28 shelters for cows, camels, hens and ducks. To this, CJ Manmohan said, “There is a certain amount of contradiction we are finding… this is a rehabilitation center place for animals or is it a trust type involved in spirituality…”

Justice Gedela, too, orally remarked, “Elephants don’t require air conditioning… what kind of activities are being carried out?… When we talk about religious activities, if you compare it to what happens in southern temples,… they (captive elephants ) partake in religious ceremonies… processions are taken out in relation to some deities, Baglamukhi is not one of them in my opinion… so, is the purpose religious?”

Shiv Kumar Rai alias Guruji, who runs the temple, told The Indian Express: “Today, a court-appointed committee inspected the arrangements made for the elephant on the Sainik Farm land, which the temple trust has taken on lease. We will follow the court’s direction and pray that the elephant arrives soon.”