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Regional Deputy Director v. Zavaray S. Poonawala & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 7130 of 2003)Decided 26 Mar 2015
Civil Appeal No. 7130 of 2003
Justice A.K. Sikri · Justice Rohinton Fali Nariman

Background

Respondent Zavaray Poonawala legally hunted a leopard (a species protected under Schedule I of the Wild Life (Protection) Act and under the international CITES convention) in Zambia in June 2000, and sought to import the stuffed trophy into India. The regulatory body administering CITES in India refused permission, but the Bombay High Court held that the appropriate authorities had actually granted the necessary permission and that CITES had no power to override that grant, and allowed Poonawala's writ petition. The Regional Deputy Director (the wildlife/customs authority) appealed to the Supreme Court by special leave.

Decision Breakdown

The Supreme Court held that the High Court's judgment was not sustainable because it misunderstood the respective roles of the authorities involved: it is the "Scientific Authority" under CITES/the Wild Life Act that must independently form an opinion on whether a particular import would be detrimental to the survival of the species, a role which the High Court effectively bypassed. The Court set aside the High Court's judgment, the CITES rejection order, and the related customs show-cause notice. However, since the respondent had, in the interim, already secured customs clearance and taken possession of the trophy, the Court crafted a forward-looking remedy: directing the respondent to apply afresh to the Scientific Authority (already constituted) within four weeks, with that authority required to decide within three months after a hearing, and the trophy's retention or surrender to depend on that fresh decision.

Lesson Learnt

Import of protected wildlife trophies is governed by a specific statutory authority (the Scientific Authority) whose independent opinion on conservation impact cannot be bypassed by other permissions; courts will set aside orders that ignore this allocation of regulatory power even while fashioning practical relief for a party who has already relied on a flawed earlier order.

Official source (sci.gov.in)View Judgment (PDF)

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