Rajasthan HC Deprecates Forest Department's Ignorance of Elephant Welfare Directions in Six-Year-Old Suo Motu Case
The Rajasthan High Court has deprecated the Forest Department's failure to even maintain a file in a suo motu case on domesticated elephant welfare pending since 2020, directing the Chief Conservator of Forest to appear personally on 23 July 2026.
A Division Bench of the Rajasthan High Court at Jaipur, comprising Acting Chief Justice Sanjeev Prakash Sharma and Justice Maneesh Sharma, on 2 July 2026 expressed sharp displeasure at the conduct of the Forest Department in a suo motu writ petition concerning the welfare of domesticated elephants at Hathi Gaon. Counsel appearing for the Forest Department told the court that the department had no knowledge of the facts of the case and did not even have the case file with them. The bench found this state of affairs “very shocking” given that the petition has been pending since 2020 and the court has issued directions on multiple occasions. The bench deprecated the “insensitiveness being shown by the Forest Department and its officers and counsels” and directed the Chief Conservator of Forest with jurisdiction over Hathi Gaon to appear in person at the next hearing.
The Dispute Before the Court
The principal matter, Suo Motu v State of Rajasthan (D.B. Civil Writ Petition No. 2278/2020), was taken up by the Rajasthan High Court on its own motion and has been pending since 2020. The subject of the petition is the welfare of domesticated elephants, with Hathi Gaon — a designated site for such elephants — at the centre of the inquiry.
A connected petition filed by the Elephant Village Development Society, bearing D.B. Civil Writ Petition No. 6867/2026, was listed alongside. Mr. Shobhit Tiwari and Mr. Prakash Kumar Jha, appearing on behalf of Mr. Ashvin Garg, represented the petitioners. The State was represented by Ms. Mahi Yadav, Additional Advocate General, assisted by Mr. Kuldeep Singh Rathore, Mr. Abhishek Sharma, and Mr. Vishal Kumar. Several other counsel were also present for the respondents.
What the Forest Department's Counsel Admitted
When the matter was called on 2 July 2026, counsel appearing for the Forest Department informed the bench that the department had no information about the facts of the case. More than that, the department did not have the case file before it at all. This was the admission that drew the court's strongest reaction.
The bench observed that the petition had been alive for over six years and that directions had been issued by the court repeatedly during that period. Despite this, the Forest Department appeared wholly unaware of the proceedings. The bench deprecated both the Forest Department as an institution and its officers and counsel for the indifference on display.
The Court's Reasoning
The Division Bench did not treat this as a minor procedural lapse. A suo motu petition is initiated by the court itself, typically because the subject matter is one the court considers too serious to leave unaddressed without intervention. When repeated court directions in such a proceeding are met with institutional ignorance spanning six years, the court viewed this as a failure going beyond mere non-compliance with a single order.
The bench's use of the word “deprecated” carries specific judicial weight. It signals formal disapproval of conduct — in this case, the conduct of an entire department and its legal representatives. The observation that the Forest Department did not even possess the case file in a matter where it is a respondent and where directions have been issued against it reflects a systemic failure rather than an isolated oversight.
The court's response was to direct accountability at a senior level. Rather than accepting submissions from counsel who were evidently unprepared, the bench required the Chief Conservator of Forest — the officer with jurisdiction over the Hathi Gaon area — to appear personally and place before the court full details of Hathi Gaon and the steps being taken for the welfare of the domesticated elephants housed there.
Outcome
The Division Bench directed the Chief Conservator of Forest, under whose jurisdiction Hathi Gaon falls, to remain present before the court at the next hearing. The officer is required to bring details relating to Hathi Gaon and the steps being taken for the welfare of the domesticated elephants. The matter has been listed for 23 July 2026.