High Court of Karnataka.
Credit: DH File Photo
The high court on Monday ordered an interim stay for four weeks on the proceedings initiated pursuant to the notice issued to actor and Rajya Sabha member Jaggesh in relation to the possession of tiger claw. Justice M Nagaprasanna passed the order after hearing the counsel for Jaggesh and also B N Jagadish, State Public Prosecutor-2.
Appearing for Jaggesh, senior advocate Prabhuling K Navadgi submitted that the action of the authorities against the petitioner depicts excesses of power and over enthusiasm. He submitted that a notice was issued by the authorities on October 25 asking Jaggesh to surrender the part of a wild animal if any, failing which, action would be taken under the Wildlife (Protection) Act, 1972. He further submitted that within just 60 minutes after the issuance of the notice, a team of officials barged into the house of the petitioner.
The senior counsel contended that section 50 (1) of the Wildlife (Protection) Act, necessitates that the officer conducting such search must have reasonable grounds that any person has committed an offence under the Act. He said that the search report would not indicate any semblance of reasons that the officer had to believe for conducting a search, notwithstanding a notice issued for inspection of the suspected possession just 60 minutes ago.
On other hand, the state claimed that in terms of section 39, if such a material is in possession of any person, it would be an illegal possession and it would consequently become a government property. The public prosecutor submitted that the seized material has been sent to FSL, Directorate of Wildlife Institute of India, and if the report comes against the petitioner, the action could be justified and if the same is against the state, there would be no offence.
“Be that submission as it is. The matter requires consideration on the aforesaid legal score, as contended by the learned senior counsel for the petitioner. Therefore, there shall be an interim order of stay, as prayed for, for a period of four weeks,” the court said, posting the matter for further hearing on November 29.
In his petition, Jaggesh had claimed that the propaganda was spread on social media on the basis of an interview given by him some time back. He had also alleged that the officers who conducted the search and seizure ransacked the entire house.