Supreme Court on Thursday had to deal with an unusual situation after a man filed a habeas corpus plea after seeking release of an elephant. Somewhat bemused, a bench comprising CJI SA Bobde and Justices BR Gavai and Surya Kant asked the petitioner, Saddam: “How can you file a Habeas Corpus plea for release of an elephant.”
To which a confident and obvious animal lover Saddam replied: “Article 21 includes safeguarding the life of animals as well.”
The bench questioned petitioner: “Does illegal detention apply to elephant. We are aware of the rights of nature but have you approached the High Court.”
Petitioner replied: “No.”
The bench again questioned: “Has the owner approached you to appear before us.”
Petitioner replied: “No.”
The bench asked: “How can you file a petition when you are not the owner,” and ordered the petitioner to approach the appropriate high court.
A writ of habeas corpus is a court decree demanding that a public official produce a detained person to the court and show a valid reason for that person’s detention.
—India Legal Bureau