IN THE HIGH COURT OF JUDICATURE FOR THE STATES OF
C.M. No. _10714-cwp___________ of 2007
In
C.W.P. No. _10199__________ of 2007
People for Animals
. . . . . .Petitioners
Versus
State of
. . . . . . Respondents
Application under section 151 C.P.C. seeking exemption from filing the typed copy of Annexure P-6.
* * * * * * * * *
RESPECTFULLY SHOWETH:
1. That the present writ petition is being filed before this
2. That the petitioner has a strong prima facie case in his favour and the balance of convenience is also in favour of the petitioner.
3. That the typed copy of Annexure P-6 is not readily available with the applicant.
It is, therefore, respectfully prayed that present application may kindly be allowed and the applicant may kindly be exempted from filing the typed copy of Annexure P-6, in the interest of justice and equity.
NOTE: No Affidavit is necessary
DATED: 06.07.2007
( MADAN PAL & SUNIL SINGH )
Advocates
Counsel for the Applicant
LIST OF EVENTS
____________ The petitioner is a society called People for Animals Haryana, which is made for prevention of cruelty to animals. This society is recognized by the Animal Welfare Board of India. The People for Animals Haryana, is protecting and preventing cruelty to animals in the State of
___________ To protect and improve the environment and safeguard of forest and wild life, the Parliament of India inserted the Article 48-A in the Constitution of India by the Constitution (42nd Amendment) Act, 1976 in Part IV of the Constitution of India.
1960 The Government of India in the year 1960 has also promulgated the “Prevention of Cruelty to Animals Act, 1960” with object to prevent the infliction of unnecessary pain or suffering on animals to the Prevention of Cruelty to Animals and to make a cruelty free environment for animals in the country. As per Section 38 of the Act of 1960, the Central Government has powers to make the Rules. Section 39 of the Wild Life Protection Act provides that wild animals etc. to be government property and sub-section (3)(b) of the section 39 provides that no person shall without the previous permission in writing of the Chief Wild Life warden or the authorized officer transfer to any person, whether by way of gift, sale or otherwise. Section 3 of the Prevention of Cruelty to Animals Act, 1960, provides that duties of person having charge of animals. It shall be the duty of every persons having the charge of any animal to take all reasonable measures to ensure the well – being of such animal and to prevent the infliction upon such animal of unnecessary paid of suffering. Thus, due to these animals incidents take place and several people have died till now due to such type of incidences. Thus, not only people are voiding their duty and liability qua their animals but causing the death of the innocent persons. As per Section 35 of the Prevention of Cruelty to Animals Act,1960, the State Government by general or special order appoint infirmaries for the treatment and care of animals, inspite of the offences against this Act have been committed and authorized detention therein of any animal pending its production before Magistrate. Further, as per this Section, District Magistrate has power for fixation of the rate of the feeding charges alongwith the treatment charges and the owner is liable to pay all the expenses as mentioned above.
1972 The Government of
1998 The P.F.A. has filed C.W.P. No. 8479 of 1998 before this Hon’ble High Court for constituting infirmaries as per the above said Section then this Hon’ble High Court has given the direction to both the States and then as per the above said direction, the Government of Haryana on 20th August, 1989 issued a notification which has been issued by the Financial Commissioner and Principal Secretary to Government, Haryana, Animal Husbandry Department. As per the above said notification, the Government of Haryana has constituted 43 infirmaries and Government of Punjab has constituted 73 infirmaries. It is further relevant to mention here that both the States have issued notification only and no functioning is going on in both the States of Punjab and Haryana. Thus, this is a clear cut violation of order, which has been passed in C.W.P. No. 8479 of 1998.
2001 The Government of Haryana framed the Prevention of Cruelty to Animals (Establishment and Regulation of the Society for Prevention of Cruelty to Animals) Rules, 2001. As per Rule 3 of the Prevention of Cruelty to Animals (Establishment and Regulation of the Society for Prevention of Cruelty to Animals) Rules, 2001, every state Government shall by notification in the official gazette establish as soon as may be in any event within six months from the date of commencement of these rules, a society for every District in the State to be SPCA in that District. But in the States of Haryana and
14.10.1998 The Central Government has issued a notification dated
____________ The petitioner moved a representation through its counsel Sh. Madan Pal seeking information that (i) how many persons declared their trophies and other animal articles as per the Trophies and Uncured Trophies Rules, 2005 and requested to give the copy of the details of the persons alongwith their residential addresses and declaration of their articles; (ii) whether the State Govt. has verified that entire residential addresses of the persons, who got declared their trophies as per the above mentioned rules 2005. If yes, then give the detailed copy of the verified addresses.
___________ The Government of India has promulgated the Rules declaration of wild Life Rules, 2003 for declaration of Wild Life trophies.
07.02.2005 The respondent No. 1 and 2 have issued a notification dated 7.2.2005 vide which rules have been framed which is called as the Punjab Regulation and Possession of Captive animals, animals Articles, and uncure trophies Rules, 2005. As per this notification, the trophies has to be declared from 6 months from the issuance of the notification. As per this notification issued by the Punjab Govt. certain persons have declared their trophies but the Punjab Govt. has not notified while declaration of the trophies as per the above said rules.
_________ In the States of Punjab and Haryana some people filed their representation for the declaration of the Shawl and Sahtoosh in view of the above said rules but later on they have withdrew from declaration. The Punjab Government, Haryana Government and U.T. has not verified the facts whether it has been taken prior to the year of 1972 when the above said Act came to existence or it has been procured after 1972 when the Wild Life Protection Act, 1972 came into force thus the respondents have failed to verify this aspect also. Hence, the respondents are totally negligent in performing their duty as per the above said rules and Act and some people have got the benefit of negligency of the respondents in declaration on their trophies. The respondent has not constituted the State Board for Wild Life. As per the Amendment Act of 2002 of the above Act, the State Government is bound to constitute the Board for Wild Life within a period of 6 months from the date of commencement of the Wild Life Protection Amendment Act, 2002 but the respondents failed to constitute the above said Board.
___________ As per section 97 there is a provision of cancellation of permit, if there is any violation permit shall be cancelled but till today no permit is cancelled by the respondent Department and there is violation of the Rules issued in the year 2001.
17.07.2006 As per the said rules the petitioner submitted a letter dated 11.7.06 to the Deputy Commissioner, Sonepat for taking appropriate action but the D.C. instead of taking appropriate action has given the reply on 19.7.06.
27.10.2005 The petitioner has submitted a letter to the Speaker, Lok Sabha with regard to declaration of the animals as provided in the Act.
06.03.2006 A reply has been sent on 06.03.2006. As per the reply, the Government of India is not aware about the declaration of the animals as per the Act, 1972 and this letter is passed on presumption.
08.05.2006 The Government of Haryana has issued a notification dated 8th May, 2006 vide which Haryana Municipal Corporation (Registration and Proper Control of Stray Animals) Bye-laws, 2006, have been notified by the Urban Development Department, Haryana for controlling the dogs but till today it has not been implemented.
27.04.2007 The Urban Development Department on 27th April, 2007 also issued a notification and bye-laws were framed, which are called Haryana Municipal Corporation (Registration and Proper Control of Stray Animals) Bye-laws, 2007 but these also have not been implemented.
2001 The Government of
06.07.2007 Aggrieved from the action of the respondents, the present Writ Petition is being filed before this Hon’ble High Court.
DATED: 06.07.2007
( MADAN PAL & SUNIL SINGH )
Advocates
Counsel for the petitioner
IN THE HIGH COURT OF JUDICATURE FOR THE STATES OF PUNJAB AND HARYANA AT
C.W.P. No. ___________ of 2007
People for Animals Haryana (Society for Prevention of Cruelty to Animals Haryana) through its President Shri Naresh Kumar Kadian, 75, Km. Miles Stone, Mathura Road, Sarai Katela, District Faridabad.
. . . . . . . . Petitioner
Versus
1. State of Punjab through its Financial Commissioner-cum-Principal Secretary to Government of Punjab, Forest Department, Punjab Civil Secretariat, Chandigarh.
2. Chief Wild Life Warden and Chief Conservator of Forests, Punjab, S.C.O. No. 2463-64, Sector 22,
3. State of Haryana through its Financial Commissioner and Principal Secretary to Government, Haryana, Forests Department, Haryana Civil Secretariat, Sector 1, Chandigarh
4. Chief Wild Life Warden, Haryana, Forest Department, Van Bhawan, Sector 6, Panchkula
5. Chief Wild Life Warden, U.T., Sector 19,
6. Government of
7. Financial Commissioner and Principal Secretary to Government, Haryana, Urban Development Department, Haryana Civil Secretariat, Sector 1,
. . . . . . . . Respondents
Civil Writ Petition under Article 226/227 of the Constitution of India praying for summoning the Annexures P-1 to P-6 and after perusing the same, this Hon’ble High Court may be pleased to issue a writ in the nature of certiorari, mandamus or any other writ order or direction be issued for quashing the impugned action of the respondents vide which as per the Punjab Regulation of Captive Animals Rules, 2005 illegally without getting the verifying of the address has declared the trophies and further as per the declaration of the Wild Life Stock Rules,2003 other respondents has declared illegally and wrongly the trophies, issue a writ in the nature of Mandamus for direction to the respondents to verify the declaration of the trophies which has been declared as per the declaration of the trophies which has been declared as per the declaration of Wild Life Rules, 2005 as well as it has been declared as per Punjab Regulation of Possession of Captive Animals, Animals Article Trophies Rules, 2005 and further issue a writ in the nature of mandamus for direction to the respondents to constitute a State Board for Wild Life as per Section 6 of the Wild Life Protection Act, 1972 and constitute and Advisory Committee under Section 33(b) of the Wild Life Protection Act, 1972 and also appoint Honorary Wild Life Warden in the State of Haryana and U.T. and to issue a writ of in the nature of Mandamus to give direction to the respondents to comply with the rules 96 and 97 of Transport and Animals Rules, 1978 amended on 26.3.2001 under the Prevention of Cruelty to Animals Act, 1960 and further to take appropriate action and start the proper functioning of the infirmaries which have been set up by the Governments of Haryana and Punjab as per the direction of the Hon’ble High Court and further issue a writ in the nature of mandamus for direction to the respondents to constitute SPCA as per notification issued dated 26.3.2001 in the States of Punjab and Haryana. Further, it is requested to give direction to the respondents to check the essential and necessary certificate prior to transporting of the animals as per Rules 96 and 97 of the Cattle Transport rules, 1978 and amended in the year 2001 and further direction may be given to the States of Punjab, Haryana and Union Territory, Chandigarh to act upon in accordance with the Animals Birth Control (Dogs) Rules, 2001, further give direction to the respondents to implement the notification issued by the Government of Haryana to implement it immediately in public interest or issue any other appropriate writ, order or direction, which this Hon’ble Court may deem fit and proper in the peculiar facts and circumstances of the present case.
**********
RESPECTFULLY SHOWETH:
1. That the People for Animals Haryana is a Society and the present petition has been filed as a public interest litigation by its President, which is a permanent resident of State of Haryana, even the Society is also running in the State of Haryana and office is located in District Faridabad hence being a citizen of India, he is competent to invoke the extra ordinary writ jurisdiction of this Hon’ble Court by way of present writ petition under Article 226/227 of the Constitution of India.
2. That the petitioner is a society called People for Animals Haryana, which is made for prevention of cruelty to animals. This society is recognized by the Animal Welfare Board of India. The People for Animals Haryana, is protecting and preventing cruelty to animals in the State of
3. That to protect and improve the environment and safeguard of forest and wild life, the Parliament of India inserted the Article 48-A in the Constitution of India by the Constitution (42nd Amendment) Act, 1976 in Part IV of the Constitution of India, which reads as under:-
“The State shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country.”
4. That the Government of India, in the year 1972 promulgated “The Wild Life Protection Act, 1972 (Act NO. 53 of 1972) to provide the protection to the wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country. The object of the Act was the rapid decline of India’s wild animals and birds one the richest and most varied in the world, been a cause of grave concern and to protect the ecological and environmental security constitute a wild life Advisory Board for each state, regulate hunting of wild animals and birds, lay down the procedure for declaring areas as Sanctuaries, National Parks etc.
5. That the Government of India in the year 1960 has also promulgated the “Prevention of Cruelty to Animals Act, 1960” with object to prevent the infliction of unnecessary pain or suffering on animals to the Prevention of Cruelty to Animals and to make a cruelty free environment for animals in the country. As per Section 38 of the Act of 1960, the Central Government has powers to make the Rules.
6. That as per Section 39 of the Wild Life Protection Act provides that wild animals etc. to be government property and sub-section (3)(b) of the section 39 provides that no person shall without the previous permission in writing of the Chief Wild Life warden or the authorized officer transfer to any person, whether by way of gift, sale or otherwise.
7. That Section 40(23) of the Act, 1972 provides that no person shall, after the commencement of this Act, acquired receive, keep in his control, custody or possession, sell, offer for sale or otherwise transfer or transport any animal specified in schedule-1 or part II of Schedule-II, any uncured trophy or meats derived from such animal, or the salted or dried skin of such animal or the musk of a deer or the horn of a rhinoceros, except with the previous permission in writing of the Chief Wild Life Warden or the authorized officer.
8. That Section 41(2) of the Act of 1972 provides no person shall obliterate of counterfeit any identification mark referred to in this chapter.
9. That Section 42 of the Act of 1972 provides that certificate of ownership – The Chief Wild Life Warden may, for the purpose of Sec. 40 issue a certificate of ownership in such form, as may be prescribed to any person who in his opinion, is in lawful possession of any Wild animal or any animal article, trophy of any wild animal or any animal article, trophy or uncured trophy and may, where possible, mark in the prescribed manner, such animal article, trophy or uncured for the purpose of identification.
10. That Section 43(1) of the Act of 1972 provides that no person having in his possession captive animal, animal article, trophy or uncured trophy in respect of which he has a certificate of ownership shall transfer by way of sale or offer for sale or by any other mode of consideration of commercial nature, such animal or article or trophy or uncured trophy.
11. That the section 44(4)(b) (5)(6) provides that (b) no licence referred to in sub section (1) shall be granted unless the chief Wild Life Warden or the unauthorized officer having regard to the antecedents and previous experience of the applicant, the implication which the grant of such licence would have on the status of wild life and to such other matters as may be prescribed in his behalf and after making such inquiry in respect of those matters as he may think fit, is satisfied that the license should be granted.
“5) Every license granted under this Section shall specify the premises in which and the conditions, if any, subject to which the licensee shall carry on his business.
6) Every licence granted under the section shall -
a) be valid for one year from the date of its grant;
b) not be transferable; and
c) be renewable for a period of not exceeding one year at a time.
12. That Section 48(b) of the Act of 1972 provides that (i) capture any wild animal, or (ii) acquire, receive, keep in his control, custody or possession or sell, offer for sale, or transfer, any captive animal specified in schedule- or part-II of Schedule II or any animal article, trophy or uncured trophy or meat derived therefrom, or service such meat or put under a process or taxidermy or make animal article containing part or whole of such animal except in accordance with such rules as may be made under this Act.
13. That Section 48A of the Act of 1972 provides that Restriction on transportation of wild life. No person shall accept any Wild life animal (other than vermin) or any animal article, or any specified plant or part or derivative thereof, for transportation except after exercising due care to ascertain that permission from the Chief Wild Life Warden or any other officer, authorized by the State Govt. in this behalf has been obtained for such transportation.
14. That Section 49A(a) of the Act of 1972 provides that scheduled Animal means an animal specified for the time being in schedule I or Part II or Schedule II.
15. That Section 49C (a)(ii), (b) (c) and 7 of the Act of 1972 provides that (a) his stock, if any, as at the end of the specified date of (ii) schedule animals articles ; (b) the place or places at which the stocks mentioned in the declaration, are kept; and (c) the description of such items, if any, of the stocks mentioned in the declaration which he desires, to retain with himself for his bonafide personal use. Provided that no such item shall be kept in any commercial premises. (7) NO person other than a person who has been issued a certificate of ownership under sub-section (3) shall on and after the specified date, keep under his control, sell or offer for sale or transfer to (any person any scheduled animal or scheduled animal article or ivory imported into India or any article made therefrom.
16. That Section 51 (1A) of the Act of 1972 provides that any person who contravenes any provisions of Chapter V-A shall be punishable with imprisonment for a term which shall not be less than three years but which may extent to seven years and also with fine which shall not be less than ten thousand rupees.
17. That section 3 of the Prevention of Cruelty to Animals Act, 1960, provides that duties of person having charge of animals. It shall be the duty of every persons having the charge of any animal to take all reasonable measures to ensure the well – being of such animal and to prevent the infliction upon such animal of unnecessary paid of suffering. Thus, due to these animals incidents take place and several people have died till now due to such type of incidences. Thus, not only people are voiding their duty and liability qua their animals but causing the death of the innocent persons.
18. That as per Rule 3 of the Prevention of Cruelty to Animals (Establishment and Regulation of the Society for Prevention of Cruelty to Animals) Rules, 2001, every state Government shall by notification in the official gazette establish as soon as may be in any event within six months from the date of commencement of these rules, a society for every District in the State to be SPCA in that District. But in the States of Haryana and
19. That as per Section 35 of the Prevention of Cruelty to Animals Act,1960, the State Government by general or special order appoint infirmaries for the treatment and care of animals, inspite of the offences against this Act have been committed and authorized detention therein of any animal pending its production before Magistrate. Further, as per this Section, District Magistrate has power for fixation of the rate of the feeding charges alongwith the treatment charges and the owner is liable to pay all the expenses as mentioned above. The P.F.A. has filed C.W.P. No. 8479 of 1998 before this Hon’ble High Court for constituting infirmaries as per the above said Section then this Hon’ble High Court has given the direction to both the States and then as per the above said direction, the Government of Haryana on 20th August, 1989 issued a notification which has been issued by the Financial Commissioner and Principal Secretary to Government, Haryana, Animal Husbandry Department. As per the above said notification, the Government of Haryana has constituted 43 infirmaries and Government of Punjab has constituted 73 infirmaries. It is further relevant to mention here that both the States have issued notification only and no functioning is going on in both the States of Punjab and Haryana. Thus, this is a clear cut violation of order, which has been passed in C.W.P. No. 8479 of 1998. As per Article 215 of the Constitution of India, the State Government is liable and can be punished for the Contempt of Courts Act for violation of the above said order.
20. That Section 11(i) (a) and(b) (h) (m) of Prevention of Cruelty to Animals Act, 1960 provides that treating animals cruelty (i) if any person (a) beats, kicks, over-rides, over-loads, torture or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes or, being the owner permits, any animals to be so treated or (b) employees in any work of labour or for any purposes any animal which, by reason of its age or any disease) infirmity, would sore or other cause, is unfit to be so employed or, being the owner, permits any such unfit animal to be so employed, or (h) being the owner of (any animal) fails to provide such animal with sufficient food, drink or shelter (m) Solely with a view to providing entertainment.
21. That Section 21 of Prevention of Cruelty to Animals Act, 1960 provides that “Exhibit” and train defined. In this chapter, exhibit means exhibit at any entertainment, to which the public are admitted through sale or tickets and train means train for the purpose of any such exhibition and the expressions exhibitor, and trainer have respectively the corresponding meanings.
22. That Section 26 of the Act of 1960 provides regarding offences and Section 27 provides exemption. Section 29 provides power of Court to deprive person convicted or ownership of animal.
23. That the Central Government has issued a notification dated 14th October, 1998 vide which five species have been banned i.e. Beer, Monkey, Lion, Tiger and Panther. As per the above said notification, these animals can be used as performing animals and cannot be transported from one place to another place as per the notification issued by the Government of Haryana on 6th February, 2004, which has been issued by the Environment and Forest Ministry.
24. That the petitioner moved a representation through its counsel Sh. Madan Pal seeking information that (i) how many persons declared their trophies and other animal articles as per the Trophies and Uncured Trophies Rules, 2005 and requested to give the copy of the details of the persons alongwith their residential addresses and declaration of their articles; (ii) whether the State Govt. has verified that entire residential addresses of the persons, who got declared their trophies as per the above mentioned rules 2005. If yes, then give the detailed copy of the verified addresses.
25. That the respondent is duty bound to provide the information being asked for by the petitioner as per the Right to Information Act, 2005.
26. That the Government of India has promulgated the Rules declaration of wild Life Rules, 2003 for declaration of Wild Life trophies. But respondent No. 1 and 2 have issued a notification dated 7.2.2005 vide which rules have been framed which is called as the Punjab Regulation and Possession of Captive animals, animals Articles, and uncure trophies Rules, 2005. A copy of the above said rules is attached herewith as Annexure P-1. As per notification dated 7.2.2005 issued by the Punjab Government, the trophies has to be declared from 6 months from the issuance of the notification. It is pertinent to mention here that as per the above said notification the trophy specified in Part (i) of Schedule II and III and IV of the Wild Life Protection Act, 1972 has to be declared within the above said period. IT is further pertinent to mention here that except the Punjab Government no other State has issued the rules in view of the declaration of the Wild Life Rules, 2003.
27. That as per the above said notification issued by the Punjab Govt. certain persons have declared their trophies but the Punjab Govt. has not notified while declaration of the trophies as per the above said rules. Several persons who do not belongs to the State of
28. That in the States of Punjab and Haryana some people filed their representation for the declaration of the Shawl and Sahtoosh in view of the above said rules but later on they have withdrew from declaration. The Punjab Government, Haryana Government and U.T. has not verified the facts whether it has been taken prior to the year of 1972 when the above said Act came to existence or it has been procured after 1972 when the Wild Life Protection Act, 1972 came into force thus the respondents have failed to verify this aspect also. Hence, the respondents are totally negligent in performing their duty as per the above said rules and Act and some people have got the benefit of negligency of the respondents in declaration on their trophies. The respondents have not taken any appropriate action against the persons who have withdrawn their names from declaration of trophies, however, representing the respondents but later they have withdrew their names. Thus, this shows that the person is having some trophies illegally which have not been declared as per the above said rules and regulation till today but the respondent Department has not taken any action in accordance with law.
29. That as per Section 6 of the Wild Life Protection Act, 1972, the petitioner came to know that respondent has not constituted the State Board for Wild Life. As per the Amendment Act of 2002 of the above Act, the State Government is bound to constitute the Board for Wild Life within a period of 6 months from the date of commencement of the Wild Life Protection Amendment Act, 2002 but the respondents failed to constitute the above said Board.
30. That as per Section 33(b) of the Wild Life Protection Act, 1972 the State Government shall constitute an Advisory Committee consisting of Chief Wild Life Warden or the nominee not below the rank of Consulate including three representatives of Panchayati Raj institution who will be represented non Governmental Organization and three independent in the field of Wild Life. In view of Section 33 (d) of the Wild Life Protection Act, 1972 the Government is bound to comply but nothing has been done till today thus, this is also clear violation of Section 33(b) and further pertinent to mention here that the Government of Haryana has never nominated Honorary Wild Life Warden in the State.
31. That as per Section 96 of the Rules, 1978 amended on 26.3.2001 as per the above said rules for protection of the animals transport certificate is essential but the respondents are violating these rules and they are not issuing any transport certificate before transporting of the animals from the competent authority.
32. That as per section 97 there is a provision of cancellation of permit, if there is any violation permit shall be cancelled but till today no permit is cancelled by the respondent Department and there is violation of the Rules issued in the year 2001.
33. That as per the above said rules the petitioner submitted a letter dated 11.7.06 to the Deputy Commissioner, Sonepat for taking appropriate action but the D.C. instead of taking appropriate action has given the reply on 19.7.06. A copy of both these letters are annexed herewith as Annexure P-2 and P-3.
34. That it is further pertinent to mention here that the petition has submitted a letter to the Speaker with regard to declaration of the animals as provided in the Act. A copy of the said letter dated 27.10.2005 which has been sent to the Speaker of the Lok Sabha is attached herewith as Annexure P-4. On 6.3.2006 reply has been sent. A copy of the said reply is attached herewith as Annexure P-5.
As per the above said Annexure dated 6.3.2006 even the Government of India is not aware about the declaration of the animals as per the Act, 1972 and this letter is passed on presumption.
35. That the Government of Haryana has issued a notification dated 8th May, 2006 vide which Haryana Municipal Corporation (Registration and Proper Control of Stray Animals) Bye-laws, 2006, have been notified by the Urban Development Department, Haryana for controlling the dogs but till today it has not been implemented. It is further pertinent to mention here that the Urban Development Department on 27th April, 2007 also issued a notification and bye-laws were framed, which are called Haryana Municipal Corporation (Registration and Proper Control of Stray Animals) Bye-laws, 2007 but these also have not been implemented. The copy of the notification issued by the Government of Haryana is attached herewith as Annexure P-6.
36. That the Government of India has framed the rules namely Birth Control (Dogs) Rules, 2001 and Prevention of Cruelty to Animals (Slaughter House) Rules, 2001 on both the States of Punjab and Haryana and Union Territory, Chandigarh have not taken any action till today. Thus, this is a clear cut violation of the above said rules, which have been framed by the Government of India.
37. That this writ petition raises the following questions of law for consideration by this Hon’ble High Court:-
(i) Whether the respondents are authorized to act arbitrarily?
(ii) Whether the action of the respondents is justifiable in the eyes of law?
(iii) Whether the respondent is liable to provide information as sought by the petitioner under Right to Information Act?
38. That no remedy of Appeal and Revision under the Rules applicable to the petitioner is available for the relief claimed, therefore, the petitioner has no alternative remedy available to approach this Hon’ble High Court by way of present Writ Petition under Article 226/227 of the Constitution of India.
39. That the petitioner has not filed any other such or similar writ petition earlier either in this Hon’ble Court or in the Hon’ble Supreme Court of India, on this matter, except C.W.P. No. 4517 of 2007, which has been dismissed as withdrawn with a liberty to file afresh.
It is, therefore, respectfully prayed that the record pertaining to the Annexures P-1 to P-6 of the case may be summoned and after perusing the same, this Hon’ble High Court may be pleased to:-
(i) issue a writ in the nature of certiorari, mandamus or any other writ order or direction be issued for quashing the impugned action of the respondents vide which as per the Punjab Regulation of Captive Animals Rules, 2005 illegally without getting the verifying of the address has declared the trophies and further as per the declaration of the Wild Life Stock Rules, 2003 other respondents has declared illegally and wrongly the trophies, issue a writ in the nature of Mandamus for direction to the respondents to verify the declaration of the trophies which has been declared as per the declaration of the trophies which has been declared as per the declaration of Wild Life Rules, 2005 as well as it has been declared as per Punjab Regulation of Possession of Captive Animals, Animals Article Trophies Rules, 2005 and further issue a writ in the nature of mandamus for direction to the respondents to constitute a State Board for Wild Life as per Section 6 of the Wild Life Protection Act, 1972 and constitute and Advisory Committee under Section 33(b) of the Wild Life Protection Act, 1972 and also appoint Honorary Wild Life Warden in the State of Haryana and U.T. It is further prayed to issue a writ of in the nature of Mandamus to give direction to the respondents to comply with the rules 96 and 97 of Transport and Animals Rules, 1978 amended on 26.3.2001 under the Prevention of Cruelty to Animals Act, 1960. It is further requested to take appropriate action and start the proper functioning of the infirmaries which have been set up by the Governments of Haryana and Punjab as per the direction of the Hon’ble High Court and further issue a writ in the nature of mandamus for direction to the respondents to constitute SPCA as per notification issued dated 26.3.2001 in the States of Punjab and Haryana. Further, it is requested to give direction to the respondents to check the essential and necessary certificate prior to transporting of the animals as per Rules 96 and 97 of the Cattle Transport rules, 1978 and amended in the year 2001. Further, it is prayed that direction may be given to the States of Punjab, Haryana and
(ii) issue any other appropriate writ, order or direction, which this
(iii) Award the costs of this Writ Petition to the petitioner ;
(iv) Serving of advance notice of motion upon the respondents may kindly be dispensed with ;
(v) filing of certified copies of Annexures may be exempted.
(vi) allow the petition with cost in favour of the petitioner and against the respondents ;
DATED: 06.07.2007
Petitioner
( MADAN PAL & SUNIL SINGH )
Advocates
Counsel for the petitioner
Verification:
Verified that the contents of paras No. 1 to 36 and 38 & 39 of the writ petition are true and correct to my knowledge and whereas paras No. 37 are believed to be correct as per the legal advise obtained from the counsel. No part of it is false and nothing has been concealed therein.
DATED: 06.07.2007
Petitioner
IN THE HIGH COURT OF JUDICATURE FOR THE STATES OF PUNJAB AND HARYANA AT
C.M. No. ____________ of 2007
In
C.W.P. No. ___________ of 2007
People for Animals
. . . . . .Petitioners
Versus
State of
. . . . . . Respondents
A F F I D A V I T
Affidavit of Shri Naresh Kumar Kadian, President, People for Animals Haryana (Society for Prevention of Cruelty to Animals Haryana), 75, Km. Miles Stone, Mathura Road, Sarai Katela.
I, the above named deponent do hereby solemnly affirm and declare as under :-
1. That the deponent has filed the accompanied Civil Writ Petition under Article 226/227 of the Constitution of India and is well conversant with the facts of the present case and have gone through the contents of the Writ Petition, which are true and correct to my knowledge.
2. That the facts of the accompanying petition may kindly be read as a part and parcel of the present Affidavit.
3. That the contents of paras No. 1 to 36 and 38 & 39 of the writ petition are true and correct to my knowledge and whereas paras No. 37 are believed to be correct as per the legal advise obtained from the counsel.
DATED: 06.07.2007 D E P O N E N T
VERIFICATION:
Verified that the contents of paras No. 1 to 3 of my above Affidavit are true and correct to my knowledge. No part of it is wrong and nothing has been concealed therein.
DATED: 06.07.2007
D E P O N E N T
Annexure P-1
(MAGHA 18, 1926 SAKA)
GOVERNMENT OF
DEPARTMENT OF AGRICULTURE AND
(WILD LIFE PRESERVATION WING)
Notification
The 7th February, 2005
No. G.S.R.4/C.A.53/72/S.64/2005 In exercise of the powers conferred by clause (l) of sub-section (2) of Section 64 of the Wildlife (protection) Act.1972 (Central Act 53 of 1972) and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules for regulating the possession of captive animals, animal articles, trophies and uncured trophies, namely:-
RULES
1. Short title and commencement – These rules may be called the Punjab Regulation of Possession Captive Animals, Animal Articles, Trophies and Uncured Trophies Rules,2005.
(2) They shall come into force on and with effect from the date of their publication in the official Gazette.
2. Definitions:- In these rules, unless the context otherwise requires:-
(a) ‘Act’ means the wildlife (protection) Act, 1972 (Central) Act 53 of 1972);
(b) ‘Form’ means a form appended to these rules: and
(c) ‘State Government’ means the Government of the State of
3. Declaration – (1) Every person having at the commencement of these rules, control, custody or possession of any Captive Animal, animal article, trophy and uncured trophy, specified in part-1 of Schedule II, Schedule III and Schedule 1V appended to the Act, shall within a period of six months from the commencement, declare in Form ‘A’ to the Chief Wildlife Warden or any officer authorized by the State Government, the number and description of the Captive Animals, animal articles trophies and uncured trophies under his control, custody or possession and the place where the same are kept.
(2) The declaration received after the stipulated period of six months, shall not be
4. Publicity of intent of the rules:- the Chief Wildlife Warden or the officer authorized by the State Government, as the case may be shall cause to give wide publicity to the intent of these rules in regional language through electronic or print media or in any other such form, as he may deem appropriate.
5. Procedure for making declaration:- (i) Declaration referred to in rule 3 shall be made in four sets either by the person having control & possession of the Captive Animals, animal articles, trophies or uncured trophies or by his duly authorized agent.
(2) On receipt of declaration, the chief Wildlife Warden or the officer authorized by the State Government, as the case may be, shall give receipt in token there of to the person or his duly authorized agent.
6. Providing of Certificate - (i) On Scrutiny of the declaration and after making such Verification, as may be deemed necessary, if the Chief Wildlife Warden or the officer authorized by the State Government, as the case may be, is satisfied that the possession of the Captive Animals is bonafide, he shall issue a certificate of ownership in the Form ‘B’ in respect there of to the person making declaration or his duly authorized agent.
(2) In the case of animal articles, trophies and incurred trophies and acknowledgement slip shall be issued in Form ‘C’ which shall be construed as a ‘Certificate of Owner ship, of these articles.
(3) the Chief Wildlife Warden or the officer authorized by the State Government, as the case may be, shall convey his decision on the declaration to the person making declaration or his duly authorized agent within a period of six months from the date of such declaration.
(4) For the purpose of making verification, the Chief Wildlife Warden or the officer authorized by the State Government, after giving notice to the person making declaration or his duly authorized agent, on the date and time specified in the notice, may;-
(a) enter the premises where captive animals, animals articles, trophies and uncured trophies are kept; and
(b) affix upon the animal an identification mark in such manner, as may be specified by the State Government.
(5) No person shall obliterate or deface such identification mark.
7. Providing of assistance to the Chief Wildlife Warden or the authorized officer:- It shall be the duty of the person making declaration or his duly authorized agent to provide assistance to the Chief Wildlife Warden or the Officer authorized by the State Government, as the case may be, while he makes verification of the premises where captive animals, animal articles, trophies or uncured trophies are kept.
8. Captive animals etc. to be the Government property;- Any captive animal, animal article, trophy or uncured trophy in respect of which a certificate of ownership has not been granted or acknowledgement, has not been issued under these rules, shall be deemed to be the Government property.
TRUE COPY
ADVOCATE
Annexure P-2
| Associated with the RSPCA-London Aided by the Union Ministry of Environment & Forest Aided by the Union Ministry for Environment & Forest Naresh Kumar Kadyan, Chairman MA & PG Dip. (MC & J) Master Trainer, Hon. Animal Welfare Officer-AWBI, Nominee-CPSEA, Nodal Inspecting Authority, Animal Welfare Division (Gov. of India) Ex. Duty Magistrate Precipitation, Distt. K & V.I. Officer | PEOPLE FOR ANIMALS Haryana (Society for Prevention of Cruelty to Animals Haryana) Recognized by the Animal Welfare Board of ANIMAL HERMITAGE JEEV KALYAN VATIKA 75 Kms. Milestone at Phone: 01275-278507 |
Dated: 11.07.06
To
The Deputy Commissioner,
Sonipat
Subject: To get information under the Right to Information Act, 2005.
Sir,
It is requested that under the above Act, I require the following information:-
1. Amar Circus is running your district and a female elephant namely “ Lakshmi’ is not available in the Circus and F.I.R. has been registered in many police stations, and this female ill elephant was caught while begging and now she is in zoo at
2. While going from Palwal to Sonipat certificate under Section 38 of prevention of Cruelty to Animals Rules, 1960 was not obtained.
Yours faithfully
Sd/
(Naresh Kumar)
TRUE TRANSLATION
ADVOCATE
Annexure P-3
From
Smt. Neerja Shekhar, I.A.S.,
Deputy Commissioner,
Sonipat
To
Shri Naresh Kumar Kadyan, Chairman,
75 Kms. Milestone at
Letter NO. 1759/P.L.A. dated 19.7.06
Sub: To get information under the Right to Information Act, 2005.
Reference: With reference to your letter dated 11.7.06.
2. The subject cited matter was got enquired into by Deputy Director, Animal Husbandry Department, Sonipat, whose copy is sent for your information.
Sd/-
For Dy. Commissioner, Sonipat
18.7.06
TRUE TRANSLATION
ADVOCATE
Annexure P-4
Lok Sabha Secretariat
No. 21/1(3)/2005/L
From
Deepak Mahna,
Director and
Public Relation Officer,
Lok Sabha Secretariat,
Subject: To supply information under the Right to Information Act, 2005 to Naresh Kumar Kadyan, Chairman, People for Animals Haryana, regarding prevention of Cruelty to Animals, with reference to his letter dated 19.10.2005.
Sir,
With reference to your application dated 19.10.2005 on the above cited subject, I have been directed to inform you that as per Section 6 Sub rule (3) Rule 1960 regarding prevention of cruelty to animals, your application has been sent to the Ministry of Environment and Forest, who is dealing with the subject, for further necessary action. IF you want to get any further necessary action. IF you want to get any further information regarding this then you may contact Central public Relations officer, Environment and Forest Ministry, Government of India,
Yours faithfully,
Sd/-
Deepak Mahna,
Director and
Public Relation Officer,
Sh. Naresh Kumar Kadian, Chairman, People for Animals Haryana, Letter dated 19.10.2005, for information of Chairman, Lok Sabha.
TRUE TRANSLATION
ADVOCATE
Annexure P-5
Ministry of Environment and Forests
(Animal Welfare Division)
8th Floor,
F. NO. 27-12/2005-AWD Dated: 6th March, 2006
To
Shri Naresh Kumar Kadyan,
Chairman, People for Animals Haryana,
75 Kms. Milestone at
Sir,
I am directed to refer to your letter dated 19.10.2005 addressed to the Hon’ble Speaker, Lok Sabha on the subject and to furnish herewith point-wise information/
1. AWBI has taken necessary action to prevent exhibition of five species viz, bear, monkey, panthers, tiger and lion which were banned under Section 22 of PCA, 1960 by Govt. vide order No.9- 9/97-AWD dated 14.10.98. Those animals in custody have been confiscated and handed over to appropriate rescue centers by wildlife authority.
The wild Life Division of Ministry of Environment and Forests have informed that the central zoo Authority have rehabilitated animals of the said species from the circuses in designated rescue centers created by Central zoo Authority as per details given below:-
| Sl. | Name of the Species | Number Rehabili-tation | Rescue Centres at |
| 1. | Lion | 313 | Nahargarh, Jaipur, Banerghatta, |
| 2. | Lion | 82 | Nahargarh, Jaipur, Banerghatta, |
10. Bears, 20 Monkeys and 4 Panthers, which were available with the circuses, have been rehabilitated in the existing zoos and in the rescue centers being operated by the state Government.
As per the details available with the Central zoo Authority, 38 lions and 10 tigers are still in possession of 6 circuses, which are in the procession of being rehabilitated at the
2. Vide circular No. 445 (E)( dated 18th April, 2003, an opportunity was given to the rightful/ legal holders of Wildlife products to obtain ownerships certificate from the Chief Wildlife Warden/ Authorized Officer of the State. A period 180 days was provided for the applicants which ended on 17th October, 2003. No action in this regard is pending with Ministry of Environment and Forests. It is presumed that all bonafide applicants who approached the concerned authority with required documents might have been provided ownership certificates by the concerned authority.
3. Under the provision of Article 51-A (g) of constitution of India “ It shall be the fundamental duty of every citizen of India to protect and improve the Natural Environment, including forests, lakes rivers and wildlife and to have compassion for all living creatures”. So, very animals is permitted to live in its natural habitat with full freedom. Animal welfare Board of India is insuring to protect these animals and provide such facilities whenever possible.
4. The Animal Welfare Board of
5. As regards other issues, specific documents required may kindly be indicated
Yours faithfully
Sd/-
(S.B. Saroha)
Under Secretary (AW)
Copy for information to: Shri Deepak Mahna, Director & Central Assistant, Public Information Officer, Lok Sabha Secretariat. Parliament House Annexe,
TRUE COPY
ADVOCATE
IN THE HIGH COURT OF JUDICATURE FOR THE STATES OF PUNJAB AND HARYANA AT
Civil Writ Petition No. ___________ of 2007
People for Animals
. . . . . . Petitioner
Versus
State of
. . . . . . Respondents
I N D E X
| Sr. No. | Particulars | Date | Page |
| 1. | Application for exemption | 06.07.2007 | 1 - 2 |
| 2. | List of Events | 06.07.2007 | 3 – 14 |
| 3. | Civil Writ Petition | 06.07.2007 | 15 – 38 |
| 4. | Affidavit in support thereof | 06.07.2007 | 39 – 40 |
| 5. | Annexure P-1 (Notification) | 07.02.2005 | 41 – 45 |
| 6. | Annexure P-2 (Letter) | 11.07.2006 | 56 – 47 |
| 7. | Annexure P-3 (Letter) | 19.07.2006 | 48 |
| 8. | Annexure P-4 (Letter) | 27.10.2005 | 49 – 50 |
| 9. | Annexure P-5 (Reply) | 06.03.2006 | 51 – 54 |
| 10. | Annexure P-6 (Notification) | 27.04.2007 | 55 – 71 |
| 11. | Power of Attorney | 06.07.2007 | 72 |
Note: (i) Whether Caveat Petition has been filed
in this case ? - No.
(ii) That the main law points canvassed in the present writ petition contained in para No. 37 at page No. 34 thereof.
(iii) Relevant statue/Act: Constitution of
(iv) Any other similar case: No
DATED: 06.07.2007
( MADAN PAL & SUNIL SINGH )
Advocates
Counsel for the petitioner
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