tortoise

NEW DELHI: The Supreme Court has reconsidered its decision to hold a hearing in the case against a Kottayam resident who tried to sell a protected species of turtle. A bench of Justices Ashok Bhushan and Indu Malhotra quashed the trial of Titi aka George Kurian, a native of Manimala. In 2018, the Supreme Court had ordered a trial in the case. A review petition filed was by Adv Abhilash against this order.

In 2016, a case was registered by the Vigilance against Titi as per the Wildlife Protection Act for allegedly trying to sell a protected species of tortoise. According to the Forest Department, the turtle in possession was a softshell turtle which is on the protected list under the Wildlife Conservation Act. But the veterinary surgeon reported that the turtle was a flap shell that was not forbidden to possess.

Pointing to this, the High Court granted Titi's request to cancel the trial.

The forest department has approached the Supreme Court against this. The apex court quashed the High Court order accepting the Forest Department's demand that a trial be held to ascertain the species of the turtle. A review petition was filed against this.

The forest department claimed that the turtle was a subspecies of the banned tortoise. However, advocate MR Abhilash pointed out that the captured turtle could not be inspected as the forest department had returned it to its habitat in 2018 itself. He also argued that the trial was impractical in the absence of the turtle. The Supreme Court considered this argument.