Where is the elephant? The Supreme Court asked on Friday, as Elephant Raman’s upkeep came back before it and Kerala could not show compliance with the Court’s June order.
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New Delhi: Directing the State to file a counter and place a recent medical report on record, the Supreme Court on Friday (October 9) criticised the Kerala Government for failing to show compliance with its June 2026 order to take custody of Raman, a captive elephant described as the tallest in Kerala [Krishnankutty v. Jayakrishna Menon].
The Bench of Justices Dipankar Datta and Sheel Nagu directed that, at the next hearing, the State must faithfully comply with the Court’s order of June 9, 2026 on the elephant’s upkeep.
The order being enforced
The story starts on August 6, 2025. The Court then asked the Principal Chief Conservator of Forests, or the senior-most wildlife conservation officer in Kerala, to inspect Raman and report on its health. It also recorded an undertaking by Krishnankutty’s counsel that the elephant would not be used for commercial or temple activities.
A detailed inspection on February 3, 2026 found that the elephant had been taken to Chavakkad for a temple festival. In written submissions, Krishnankutty admitted it was taken to a temple ritual after another elephant fell ill. He said this was for religious sentiment and not commercial use, and apologised unconditionally.
The Court rejected that explanation in June 2026. It held Krishnankutty guilty of contempt for breaching the undertaking and imposed a fine of Rs 2,000. It also directed the State of Kerala to take custody of Raman and house it in a suitable rescue or rehabilitation facility on a temporary basis, pending the appeals on interim custody, with the State free to care for the elephant at its own expense under the Wildlife (Protection) Act, 1972. State authorities were discharged from the contempt proceedings because they had tried to examine the elephant but could not while it was in musth.
Ownership is disputed. Jayakrishna Menon contends that the elephant belongs to the Mata Amritanandamayi Mutt and was only entrusted to Krishnankutty for upkeep, while Krishnankutty claims ownership on the basis of gift deeds from 2017. The question of interim custody is pending in criminal appeals arising from Kerala courts. These contentions are those of the parties and have not been adjudicated.
What happened in Court on Friday
Justice Datta asked where the elephant was. The caretaker said it remained with him because it was in musth and could not be moved, and the State’s counsel supported this. Counsel for the petitioner disputed it, arguing that musth is induced artificially whenever a shifting order is passed.
Justice Datta said the Court would not allow the caretaker to touch the elephant, asked what steps had been taken since the Court’s order, and observed that the musth issue had lasted only a few months. He told the caretaker that the Court did not accept claims of love and care when they were used to earn money in defiance of its restraint orders.
The medical report the State had filed was an old one, dated June 24. The Court asked for a recent report, and the State sought more time. Justice Datta asked whether the State was monitoring the elephant at all, noting that the report implied no check after June 24, and observed that an elephant in musth throughout the year could never be shifted.
Why the order matters
The hearing shows the Court insisting that its custody directions for a captive elephant are carried out and monitored, rather than deferred on the ground of musth. By asking for a current medical report and a counter, the Bench has tied the next hearing to proof of compliance.
The order is also a reminder that undertakings given to the Court, including those on the use of captive elephants in temple activities, are enforced through contempt.
Case Title: Krishnankutty v. Jayakrishna Menon [D No. 56030/2026]
Bench: Justice Dipankar Datta and Justice Sheel Nagu, Supreme Court of India
Date of Hearing: October 9, 2026