MOHAMMAD RAFIQ,J. - (1.) Both these writ petitions raise a common question of facts and law pertaining to management of three tiger reserves of the State - Ranthambhore Tiger Reserve, Sariska Tiger Reserve and Mukundara Hills Tiger Reserve, and protection of the wildlife especially the tigers. Both the matters were therefore clubbed and heard together and are being decided by this common judgment.
(2.) Writ Petition No.9061/2018 was registered as Public Interest Litigation on suo motu cognizance being taken by learned Single Judge of this Court vide order dated 19.04.2018 in the aftermath of two tiger cubs being found dead in the Ranthambhore Sanctuary under the mysterious circumstances. A doubt was expressed that they were poisoned. The Court was anxious to know as to why death of wildlife animals, particularly tigers, in Ranthambhore Tiger Reserve as also Sariska Tiger Reserve, has been taking place at regular intervals. The matter was treated as Public Interest Litigation and was placed before the Division Bench, which on 01.05.2018 issued notices to the respondents.
(3.) This Court on 05.12.2018 appointed Mr. Pradeep Choudhary, an eminent Advocate of this Court, as Amicus Curiae in the matter. The State of Rajasthan filed its reply to the writ petition on 10.08.2018. Mr. Pradeep Choudhary has filed his response to the reply filed by the respondent-State of Rajasthan. In the reply, the State Government stated that death of two tiger cubs was reported in the office of the Field Director, Ranthambhore National Park on 17.04.2018. The bodies of the cubs were subjected to postmortem examination in accordance with the protocol prescribed by the National Tiger Conservation Authority (for short, 'the NTCA'). On site inspection, an empty bottle of insecticide named "phoskill" was also found from the water tank situated nearby, wherein bullock fell and died two days back prior to the viscera were taken during the postmortem examination. The blood and viscera samples of those tiger cubs so also samples of water from nearby water-hole were sent to the Indian Veterinary Research Institute, Ijjatnagar, District Bareli, for histopathological and toxicological examination. Another set of samples was sent to CCMB, Hyderabad. The report dated 10.07.2018 sent by the Indian Veterinary Research Institute states that the tissue section of the cubs did not reveal any pathological changes except autolytic-changes as evidenced by loss of structural details and invasion of saprophytic organisms. The toxicological report of the tissues of the cubs was found positive for phosphine but negative for other toxicants. The water sample was found negative for arsenic, nitrate and fluoride. The other two laboratories reports are still awaited. The viscera samples of bullock were also found positive for presence of phosphine. It was also stated that a detailed note with regard to death of two tiger cubs on 17.04.2018 was received from the Field Director, Ranthambhore National Park. Pursuant thereto, a case under Wild Life (Protection) Act , 1972 was registered and investigated vide F.I.R. No.887/77 dated 18.04.2018 by the forest department.;