New Delhi: In the shahtoosh case Ashok Kumar vs. State of J & K and others, the Supreme Court on April 13 held that unless the declarations made by people in J & K on the possession of shahtoosh shawls were certified within nine weeks of this order, they must be confiscated forthwith.

Appearing on behalf of Ashok Kumar, the matter was argued by Advocate Sanjay Parikh along with Advocate Ritwick Dutta.  The case was filed in 2003 (SLP No. 12434) to implement the ban on shahtoosh trade and against the observations made by the J & K High Court that the State can allow for regulated trade in shahtoosh through state corporations.

On November 22, 2005 the Supreme Court directed the state after summoning the Secretary and Commissioner, Environment and Forest to obtain the declarations from those who possessed shahtoosh shawls and wool.

Further, if records of such declaration are already available with the state, the Chief Wildlife Warden or any authorized person should issue certificates if they are convinced that such items were procured within the phrase of ‘bonafide use’ provided under section 49 B of the Jammu and Kashmir Wildlife (Protection) Act 1978. Persons found guilty for indulging in the trade without this certificate shall be tried under sections 49 B (7) read with section 50.

Following this order, the J & K govt. has issued notification in the print and the electronic media for registering of shahtoosh shawls and wools for those who have not submitted their declaration. Since then, a number of people have come forward and made these declarations. The details of which were provided to the Court.

The list provided to the court by the state of the declarations made by people suggested that in 2004, 46 persons made the declaration and in 2005, 56 persons registered.

According to Ashok Kumar, Vice Chairman of the Wildlife Trust of India, “With this order, the shahtoosh wool declared by persons in J&K will have to be confiscated since there is no justification of bonafide use. Equally, the large numbers of shawls declared by some persons can be confiscated unless the person can prove their bonafide use. This order should leave very little room for doubt since the Supreme Court wants an action taken report in nine weeks. Illegal weaving and trade may still continue for a while which will have to be monitored. Nevertheless, an important step forward is taken.”  The next date of hearing is on July 28, 2006.