JUDGMENT Page 915
1. This bench was constituted to consider two questions framed by the Division Bench of this Court addressing itself to the menace or problem and danger created by existence of stray dogs in the State of Maharashtra and Goa. Basically, the reference was required because subsequent division bench Page 916 then that which presided in Writ Petition No. 1596 of 1998 thought it fit that certain provisions of the Prevention of Cruelty to Animals Act have not been placed before the division bench deciding Writ Petition No. 1596 of 1998.
2. However, during the pendency of this petition the judgment and Writ Petition No. 1596 of 1998 was affirmed by Supreme Court of India and thereafter the Government of India issued rules under the Prevention of Cruelty of Animals Act, 1960 for Animal Birth Control (Dogs) Rules, 2001. Substantially these rules were brought into existence to give statutory effect to the guidelines given by this Court in Writ Petition No. 1596 of 1998.
3. Further we are informed today that two writ petitions on the original side of the Supreme Court of India filed under Article 32 of the Constitution are pending wherein several orders have been made by the Supreme Court of India which indicates that the matter is under active consideration of the Supreme Court of India. In such circumstances our addressing ourselves to the issues raised may not be necessary or proper at this juncture. The problem created by stray dogs have been actively considered and Action Plan for Control of Stray Animal Menace which include dogs has been laid down by the Government of India. This action plan also takes note of the judgment of this Court in Writ Petition No. 1596 of 1998. Apart from the fact that there is no challenge to the statutory rules framed in 2001 which is after reference was made to consider any constitutional challenges to the validity of any enactment when the matter is under active consideration of the Supreme Court of India. In our opinion, there is no other alternative but to adjourn the matter. The matter be listed for further orders on 13th December, 2005. The parties are at liberty to appropriately amend the pleadings if they so desire.