The Chhattisgarh High Court registered a suo moto public interest litigation based on a news report about three elephants being electrocuted in Raigarh district by a loose 11KV live wire.

The incident, reported in Times City of Times of India, Raipur and The Hitavada, Window on Chhattisgarh on October 27, 2024, involved three female elephants, including a calf, who died after coming into contact with a low-hanging live wire in the Chuhkimar forest within the Raigarh forest division. The Court took notice of reports that the wire was hanging only 3-4 meters above the ground, well below the required height of 7.5 meters.

A Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru directed, “Secretary, Energy Department, State of Chhattisgarh and Managing Director, Chhattisgarh State Power Distribution Company, Raipur are directed to file their personal affidavits in the matter regarding remedial steps which have been taken by them and further, what action has been taken against the officer concerned considering the fact that on 01.11.2024 one elephant has died due to electrocution at Takhatpur forest range, Bilaspur Division as the farmers have left the live electric wires on the fields as per the news report, and recently on 10.10.2024 three bears have died due to electrocution in Kanker and also the menace of leaving live electric wires in forest to kill wild animals have taken three human lives only in the month of October, 2024, two in Korba on 16.10.2024 and one in Ambikapur on 22.10.2024.

Advocate General Prafull Bharat appeared for the State, while Deputy Solicitor General Ramakant Mishra represented the Union.

According to the news article, this tragedy brought the elephant death toll in the state to 78 since 2001. The carcasses were discovered on Saturday morning, with two of the elephants hunched over and the calf lying on its back, as if thrown backward after attempting to help its mother.

Further details from ‘The Hitavada’ reported that the electrocution occurred within the forest department nursery premises in Chuhkimar village under Gharghora block, where the elephants passed through a “kacchba enclosure.” The report indicated that animal lovers and environmentalists placed blame on the electricity department for negligence. The Sub-Divisional Officer of Gharghora, who inspected the site, confirmed that three elephants had been electrocuted.

The High Court was informed that on November 1, 2024, another elephant died by electrocution in Takhatpur forest range, Bilaspur Division, where live electric wires had allegedly been left by farmers. It was also submitted that three bears had been electrocuted in Kanker on October 10, 2024, and that other incidents in October included the deaths of three humans due to live wires: two individuals in Korba on October 16 and one in Ambikapur on October 22.

The State acknowledged that in the incident leading to the death of the three elephants, the wire was below the permissible limit. The Court was informed that action had already been taken against the concerned Forest Guard and Deputy Ranger and that the Electricity Department had also initiated action against certain officials.

The Court directed the Energy Department and Chhattisgarh State Power Distribution Company to submit their personal affidavits including information on the remedial steps taken in response to these incidents and details of the actions initiated against the officials involved.

Accordingly, the High Court listed the matter for the next hearing on November 20, 2024.

Cause Title: In The Matter Of Suo Moto Public Interest Litigation v. Secretary

Appearance:

Deputy Solicitor General Ramakant Mishra; Advocate General Prafull Bharat; Advocates Mayank Chandrakar and Surya Kawalkar Dangi

Click here to read/download the Order