Elephant Laxmi's mahout fails to get custody as SC refuses to entertain habeas corpus plea

A 26-year-old mahout failed to get the custody of elephant Lakshmi as the Supreme Court on Thursday refused to entertain his habeas corpus plea seeking its release from alleged illegal detention.

Lakshmi was in news a few months back when she was allegedly taken away by the mahout before Delhi police rescued her and took to a forest shelter.

Saddam, the mahout of the 47-year-old pachyderm, had moved the apex court seeking its directions to release Lakshmi from "illegal detention" at Elephant Rehabilitation Centre and bring her back to Delhi.

A bench headed by Chief Justice S A Bobde wondered how a habeas corpus plea can be heard for an elephant and asked the lawyer appearing for the mahout whether he had document to show legal right of possession.

"Is elephant a citizen of India?" the bench, also comprising Justice B R Gavai and Justice Surya Kant, said.

The Supreme Court said that if the animal was with the Elephant Rehabilitation Centre, the petitioner would have to produce some documents to get back the custody of Lakshmi.

At this, advocate Wills Mathews, appearing for the petitioner, withdrew the petition with liberty to approach the high court.

The top court in its order said, "Counsel for the petitioner seeks permission to withdraw this petition with liberty to approach the High Court for appropriate relief. Permission sought for is granted. The writ petition is dismissed as withdrawn with liberty to approach the High Court for appropriate relief in accordance with law."