A bench of justices Dipankar Datta and Satish Chandra Sharma noted that Raman has been subjected to commercial exploitation and used in ceremonial processions and rituals.

“It is truly unfortunate that the elephant in question i.e., Raman, who also happens to be the tallest elephant in the state of Kerala has been subjected to commercial exploitation despite an order restraining such exploitation, that too on the strength of an undertaking made before this court.

“We would be failing in our duty towards the voiceless, if we turn a blind eye towards such defiance. We cannot be a mute spectator, more so in matters pertaining to voiceless animals, whose well-being is also of paramount importance,” the bench said.

The top court found Krishnankutty, who had retained custody of the elephant based on a contested will, guilty of contempt for wilfully violating an undertaking given to the apex court and imposed a fine of ₹2,000 on him.

The apex court clarified that its order giving custody of Raman is only temporary and will be subject to the final orders passed by it.

“The state of Kerala may also proceed to temporarily care for the elephant at its’ own expense, in which case, it may pass appropriate administrative orders in accordance with the statutory safeguards enshrined under the Wildlife Act, 1972,” it added.

The top court also discharged the state authorities from contempt noting that it made an endeavour to conduct the medical inspection of the elephant.

The bench was hearing a contempt petition was filed by Jayakrishna Menon, who claimed that the elephant belonged to the Mata Amritanandamayi Mutt and had only been temporarily handed over to Krishnankutty for upkeep and care.

Krishnankutty, on the other hand, claimed that Raman was lawfully transferred to him by virtue of the gift deeds and that he has been continuously maintaining and caring for the elephant for the last 10-12 years.

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