Thread by @lawbarandbench

#SupremeCourt Bench of Justices Sanjiv Khanna and JK Maheshwari to hear matter of stray dogs issue in Kerala.

#straydogs #kerala #SupremeCourtOfIndia

The top court had last month orally suggested that the Kerala government should work towards finding a middle ground to tackle the stray dog menace and balance the same with animal rights.

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Justice Khanna: I could not get the (committee) report.

Counsel says it is ready and submits the same. Bench goes through it and discusses.

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Bench reads from the report as to statistics about dog bite incidents.

Counsel seeks a Passover: I thought it would be at the end of the board.

SC: Issue in Kerala is very peculiar. We all are dog lovers but where needed something has to be done.

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Justice Khanna: We'll take it up at the end of the board. This matter might go on for long.

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Counsel pointing out arrangements in Navi Mumbai lists measures taken to sterilise them and how the same has felt.

Adv: guards and workers are sometimes though bitten if they go and attack the dogs with a danda.

Bench asks figures of dog bite incidents.

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*Correction: the same has helped.

Bench: Let us look at the 2015 judgment of the HC.

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Judges discussing after going through the order.

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SC: We can lay down general guidelines but not look into individual cases about which complex should adopt culling, or location specific problems. You are right in saying kids should not be afraid to go out and play. But if we hear cases from all over...

#SupremeCourt #Straydogs

SC: We will say go to the High Courts.

Sr Adv CU Singh: If my lords see the videos of dog keepers/carers being pulled out of cars ... Please let them also share what they are showing this Court.

Justice Khanna: Just a minute. If required we will see.

Judges looking at some videos/content on their computer.

Sr Adv Anand Grover (to court staff): Can we, hum log video email kar sakte hain?

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Justice Khanna: We saw one or two instances where dogs did chase, girl had to flee in the video we saw. We are not saying you do not have a grievance, but only on whether we should be hearing individual cases.

Adv: Dogs are still ferocious.

SC: If the animal welfare board...

SC: is not taking care, you can move the High Court.

Bench says even a contempt petition in matter not being heard because of its view on which forum should hear it.

SC: We cannot deal with specific cases, it'll be impossible for us. We can lay general guidelines

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Singh: Mr Biju will have one less foe in Court now.

SC: We are not on merits, only releasing relegating the matter to the High Courts.

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Order: In our opinion, order dated 14.11.2015 of this Court requires a clarification. We do not think it is the intent of this Court in the said order that all writ petitions or proceedings before HCs, civil courts and authorities should come to a standstill and no effective...

Order: orders can be passed by HCs in cases pertaining to stray dogs. It would seem there would be individual grievances relating to applicability and enforcement of Prevention of Cruelty to Animals Act, 1960 and the ...

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Order: Animal Birth Control Rules 2001 as well as State laws which may require hearing of the parties and location specific orders.

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Order: Accordingly, to remove any doubt, we clarify that the 2015 order does not bar or prohibit the authorities or individuals including registered societies from approaching the HCs or jurisdictional courts.

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Order: We specifically clarify that the Bombay HC can hear the Writ Petition 9513 of so and so on accordance with law.
Similarly, it stated that a Contempt Petition is pending before the HC which may be considered in accordance with law. We have not expressed any opinion...

Order: on the merits or contentions raised.

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Justice Khanna after counsel says expeditious hearing may be ordered: High Courts have their own calendars. They know how to deal with it.

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Sr Adv V Chitambaresh highlights suo motu case currently before Kerala High Court, asks if Bench can continue hearing the matter.

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Sr Counsel indicate no objections.

Justice Khanna: We will deal with the main matter here about the conflict between the rules and PCA.

Chitambaresh: But they cannot go beyond the rules vs Act challenge.

SC: Let them continue the hearing, incase there is a conflict you can approach us. We give directions to enforce the law, but they are not cast in stone unlike statutes. We modify where needed.

Order: The suo motu plea in Kerala High Court to continue in accordance with law.

Order: Pendency of the SLP before this Court will not affect the proceedings, whole precedent is to be followed.

Sr Adv Anand Grover: They should not get into the conflict between rules.

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Adv VK Biju asks for modification of order.

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Grover: What is my learned friend referring to?

Biju reads.

SC: File it (the report) before the Kerala High Court, yes we cannot have so many dog bites in a State. They can rely upon it.

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Bench reiterates that it cannot hear individual cases as it will burden the top court.

Biju contents, Grover says they should know that case they are dealing with at least.

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Judges ask counsel to go to Kerala High Court with their pleadings.

SC: to modify any order we'll have to hear it out. But our order was a general one.

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Grover: Kerala HC was in our favour. Bombay HC was not.

SC: We have said follow precedent. Issue is vacation of stays, modification of interim orders in PILs. Now tell us, are all the animal welfare boards ... ? Who is appearing? Do you have the data, we want the data.

Grover: A matter from the Delhi High Court had come before the CJI bench. If the general issue is decided as quickly as possible, then a large problem is solved. Most of the municipal orders will not withstand the scrutiny of Article 21.

Order: AWBI will file Affidavit ...

Order: with respect to dog bites in States and cities and indicate the steps taken by them. List in February. They should also indicate whether they want certain guidelines. Liberty may be filed with regard to Enforcement of the provisions of the Prevention of Cruelty ...

Order: to Animals Act and the applicable rules.

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Counsel points out stray dogs also multiply if municipalities fail to clear garbage in areas.

Biju: Sterilisation has nothing to do with the problem. Dog attacks and goes on the same way.

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Order: Affidavit will also indicate whether local authorities have complied with the 18.11.2015 and 9 March 2016 orders.

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Advocate: Lordships may say no cruelty in the interim.

SC: We will examine it when it comes up. Any one can file objections to the Srijaran Committee Report. Parties at liberty to file response and compilations in this regard.

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Court allows all IAs.

#SupremeCourt #straydogs