J&K report on shahtoosh under SC scanner

  • 04/04/2008

  • Pioneer (New Delhi)

The Jammu and Kashmir Government's clean slate denying any reported case of illegal possession of shahtoosh items has come under tough scrutiny before the Supreme Court. At pains to implement a State law banning trade in shahtoosh items for the past five years, the Court took the State's assertion with a pinch of salt and instead asked the State machinery to come up with the true facts before July this year. The Bench headed by Chief Justice KG Balakrishnan sought to know from the State whether any case had been registered under the Jammu and Kashmir Wildlife (Protection) Act 1978, since its enactment in 2002. It was dealing with a public interest litigation (PIL) filed by one Ashok Kumar who demanded urgent measures to curb illegal trade in Shahtoosh items, protection of the Tibetan Antelope or 'Chiru,' whose wool is the source of shahtoosh items, and effective implementation of the 1978 Act. The counsel for the State, Anis Suhrawady, informed the Bench that no person has been prosecuted under the Act. In the event anybody had information about any illegal possession of shahtoosh items (shawls, muffler, pieces), the same could be shared with the State agencies, he added. The Bench responded in amazement, "In the entire Jammu and Kashmir there is nobody who has violated this law?" Referring to its previous orders of November 22, 2005 and April 13, 2006, the Bench reminded the state that it was duty-bound to ensure all persons possessing shahtoosh items make a declaration under the Act. Only if the assigned authorities have certified it as "bonafide use" could the possessor continue possession or else the state would be empowered to confiscate the said goods under the Act. The state government is yet to submit the confiscation report to the Court despite an earlier deadline issued on January 25, 2007. The counsel for the petitioner, Sanjay Parikh pointed out that the lackadaisical attitude of the state is "seriously threatening the existence of this highly endangered species (Chiru) by the continuing trade due to lack of enforcement as well as arbitrary grant of ownership certificates." In this view, he insisted the Court must direct the state to immediately confiscate the articles/ trophies of shahtoosh in illegal possession and initiate suitable action under the Act. The Bench showed its readiness to pass such orders but allowed the state a final chance to file its compliance report by July 16, the next date of hearing.