Arguments by petitioners:
- The decision of the State government is in violation of the relevant provisions of the Wildlife (Protection) Act, 1972.
- The Indian elephant is a Schedule-I animal under the Wildlife (Protection) Act, 1972, and Section 9 of the Act prohibits their capture from the wild.
- Capturing of wild elephants is permitted only under very limited circumstances as provided in Section 11 and 12 of the Act.
- The dispatch of the elephants in railway wagons in the prevailing heatwave conditions in north Indian States, would subject the animals to extreme stress, pain and cruelty.
