New Delhi, Oct 9 The Supreme Court on Friday slammed the Kerala government for not complying with its order to take over the custody of elephant Raman, described as the tallest in the state, and sought the pachyderm's medical report.
A bench of Justices Dipankar Datta and Sheel Nagu was informed that the elephant was in the custody of the caretaker as the mammal was in a state of musth and could not be shifted.
Musth is a biological condition unique to elephants during which their testosterone levels rise dramatically.
The caretaker informed the apex court that the elephant has been treated with love and care.
Justice Datta then remarked, "Love, care and for the purpose of earning money by defying the Supreme Court's restraint orders. We quite understand what love and affection are. We are not going to hear you."
The top court also inquired from the counsel appearing for the state about the elephant's recent health report.
"Are you monitoring the condition of the elephant or not? The last medical report means you have not checked him after 24th June?" the bench said.
The top court then directed the state government to submit the recent medical report on the condition of the elephant.
"In the next date of hearing, the state shall faithfully and honestly comply with the court's order dated June 9, 2026, in so far as the upkeep of the elephant is concerned," the bench said.
Observing that the well-being of voiceless animals is of paramount importance, the top court on June 9 had directed the Kerala government to take over the custody of the elephant, Raman, and house it in an appropriate rehabilitation centre.
It had noted that Raman has been subjected to commercial exploitation and used in ceremonial processions and rituals.
The order was passed while hearing a contempt petition filed by Jayakrishna Menon, who claimed that the elephant belonged to the Mata Amritanandamayi Mutt and had only been temporarily handed over to a person named Krishnankutty for upkeep and care.
"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," the bench had said.
"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," it had said.
The top court had 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 Rs 2,000 on him.
The apex court had clarified that its order giving custody of Raman was only temporary and would 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 (Protection) Act, 1972," it had added.
The top court also discharged the state authorities from contempt, noting that it endeavoured to conduct the medical inspection of the elephant.
Krishnankutty, on the other hand, had 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.
