The Court, which heard a public interest litigation by Compassion Unlimited Plus Action (CUPA,) challenging the order dated 7 September, 2009, which granted custody of a male elephant Girija Prasad alias Manikantan to Jacob Abraham, who owned it earlier and gifted it to Jalahalli Ayyappa Temple Trust (JATT).
The forest department had rescued the animal in 2004 from the JATT following a complaint of cruelty. The petitioner had received a complaint in this regard. The ownership certificate of Abraham was cancelled.
But on June 19, 2008, the APCCF granted custody of the elephant to Abraham without considering his background with regard to ownership and capacity to maintain the elephant as specified in Wildlife Protection Act.
But, again the order dated June 19 was cancelled on 2 July, 2008 and the JATT and Abraham approached the High Court, which directed them to take a decision in accordance with law and as per the Act.
The Justice Jawad Rahim has stayed the transfer order.
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