‘JK is a cold place and people may need shahtoosh’

New Delhi, Jan 14: The Supreme Court Wednesday put an end to the hearing of the five-year-old issue relating to the protection and preservation of the endangered Chiru, the fur of which is used for making shahtoosh shawls.
The apex court said there was no need to go ahead with the matter as the Jammu and Kashmir Government and the Chief Wildlife Warden has complied with its November 2005 direction for taking necessary measures to prevent the killing of Tibetan antelope (Chiru) and trade in all types of articles including Shahtoosh which are banned under the law.

It refused to examine the allegation that the authorities were not complying in spirit with the 1978 law which came into force in 2002 containing provisions for confiscation of the articles in possession of people allegedly indulging in their trade.
The court was hearing the applications filed by one Ashok Kumar and NGO, Wildlife Protections Society of India, alleging that the provisions of the Jammu and Kashmir Wildlife Protection Act, 1978 requires declaration of the articles including Shahatoosh shawl for adjudication whether they are needed for bonafide use or not.
However, after declaration, all the articles irrespective of their quantity were being returned to the persons undermining the provision whether those were required for bonafide use or not.
Advocate Sanjay Parikh, appearing for the petitioners, contended that under the law not even a single transaction was permitted but it was being given a go without realising that people having large number of such articles can indulge in their trade.
However, a Bench headed by Chief Justice K G Balakrishnan was not impressed with the contentions of the petitioners and said that it cannot go into the cases in which the declaration was made by the owners of the article in 2005 and previously.
It also said the petitioners were trying to mislead the court. "We suspect the bonafide of the petitioners. We will not lend our service," the Bench, also comprising Justices P Sathasivam and J M Panchal said.
The Bench said all persons possessing articles like shahtoosh shawls cannot be termed as dealers under the ambit of the law.
"Jammu and Kashmir is a cold place and people may need shahtoosh," the Bench observed during the hearing.
"We do not want to pass an order which would be a mockery," the CJI said, adding that "we are only concerned with the implementation of this court's directions".
Advocate Anees Suharwardy, appearing for the Jammu and Kashmir government and Chief Wildlife Warden, said there was a total compliance of the November 22, 2005 directions of the apex court and there have been no killing of the Tibetan antelope.
Noting this submission, the Bench agreed to close the hearing of the matter.
The apex court in 2005 had directed the Chief Wildlife Warden to carry out the survey of Chiru, the population of which had declined considerably due to hunting and illegal trade of its articles.
The court had directed the authorities to take action against those persons found to be carrying on trade or dealing in Shahtoosh without the necessary certificate. PTI