Delhi HC reserves order on plea alleging illegal transportation of camels on Republic Day
Aug 30, 2022
New Delhi [India], August 30 : The Delhi High Court on Tuesday reserved the order on a Public Interest Litigation (PIL) stating guidelines and directions were laid but the same is not complied with and not adhered by the concerned authorities and alleging illegal transportation of camels during Republic Day Parade function.
The Division Bench of Justice Satish Chander Sharma and Justice Subramoniam Prasad today decided to reserved the order after taking note that the status report has been filed by the respondents and they are ready to comply with the same.
The status report filed by the Animal Welfare Board of India stated that the Board considering the pain and suffering of the camels during transportation requested the Director General of BSF vide its letter to take necessary action in the matter and to see that the provisions of the Prevention of Cruelty to Animals Act (PCA), 1960 and rules made there under are followed in letter and spirit as well as to intimate the Board at the earliest.
It also stated that it is pertinent to mention that the BSF vide its letter has given a detailed reply to the grievance case of the petition in regard to the camel transportation stating the National Research Centre of Camel, Bikaner and Standard Operating Procedure on the transportation of the camels in BSF are strictly followed. A brief reply was submitted to the petitioner by Inspector General STC BSF Jodhpur, stated the status report.
Earlier, Court had asked the counsel for petitioner to clarify whether the guidelines issued by the government under its circular regarding size and structure of camel vans is mandatory to be followed under any statute or law or it is simply an advisory.
Are these said guidelines are binding under any Act or having legal enforceability or it just issued by a superior officer for concern staff/department, court asked the petitioner's counsel.
The petitioner, Scouts and Guides for animals and birds, a registered trust claims that it has got an appreciation award with respect to saving lives of animals states that 100 camels are being brought to Delhi from Rajasthan every year in goods transport vehicles, violating Section 3 and 11 of the Prevention of Cruelty to Animals Act 1960 along with other relevant acts.
Petitioner Trust through Advocate Ankur Bhasin alleged that the in-action of the respondents who have deplorably failed in taking any steps in connection with illegal transportation of camels into the State for the event of Republic Day. Due to this "tradition" every year invariably, camels are illegally transported from Rajasthan and brought into the State of GNCTD of Delhi.
Petitioner sought Court to take Suo-moto cognizance of the alleged illegal transportation of camels in gross violation of the rules as laid down by the Union of India.
As per Section 38 of the Prevention of Cruelty to Animals Act, rules dealing with various aspects have also been enacted from time to time, to fulfil the purposes of the Act but respondents have failed to carve a niche, the plea read.
