Andhra Pradesh High Court - Amravati
Hanuma Ayyappa, vs The State Of Andhra Pradesh on 10 January, 2024
Author: R. Raghunandan Rao
Bench: R.Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION (PIL) No.10 of 2024
W.P .N
Between:
Hanuma Ayyappa,
S/o. late Bapisetty,
R/o. Indira Colony,
Kalidindi Village and Mandal
Krishna District.
...Petitioner
Versus
State of Andhra Pradesh,
rep. by its Principal Secretary,
Department of Home,
Secretariat Buildings,
Amaravati, Guntur District, and 3 others
...Respondents
Counsel for the petitioner : Sri K.V. Aditya Chowdary
Counsel for respondents 1 to 3 : G.P. for Home
Counsel for respondent No.4 : G.P for Revenue
2
HCJ & RRR, J
W.P.(PIL).No.10 of 2024
Dt.: 10.01.2024
ORDER:
(per Hon'ble Sri Justice R. Raghunandan Rao)
Heard Sri K.V. Aditya Chowdary, learned counsel for the
petitioner and learned Government Pleader for Home.
2. The present Public Interest Litigation has been filed for
issuance of directions to the State authorities to ensure that no
Cockfights are conducted during the period of Sankranti-2024,
anywhere in the State of Andhra Pradesh.
3. The petitioner relies upon the provisions of the
Prevention of Cruelty to Animal Act, 1960 and the Rules made
therein and A.P. Gaming Act, 1964 and the rules made therein,
apart from the orders of this Court in W.P.(PIL).No.177 of 2016
dated 16.09.2019 and C.C.No.2851 of 2017.
4. The petitioner contends that despite detailed and
comprehensive directions issued by this Court, in the judgment
dated 16.09.2019, the authorities have not been implementing
the said directions and that it is necessary that further steps are
taken to ensure that the aforesaid directions are implemented in
letter and spirit. The petitioner further submits that
HCJ & RRR, J
implementation of such directions would effectively control the
conduct of such Cockfights in the State.
5. After hearing the learned counsel for the petitioner, as
well as the learned Government Pleader for Home, this Court is of
the opinion that there is every need to ensure that Cockfights are
not conducted in the State. The conduct of such Cockfights, apart
from amounting to cruelty, to animals is leading to huge gambling
which has to be stopped.
6. In the circumstances, the present Public Interest
Litigation is disposed of reiterating the directions of this Court
dated 16.09.2019 and the following directions are accordingly
being issued:
A) As mandated by the 2001 Rules, and the orders of the
Supreme Court in Geeta Seshmani v. Union of India
(W.P.(Civil).No(s).440 of 2000 dated 06.08.2008) and Gauri
Maulekhi v. Union of India (W.P. (Civil) No.881 of 2014 dated
13.07.2015), the Government of A.P. shall at the earliest,
constitute SPCAs in all Districts of the State of Andhra Pradesh
strictly in accordance with the 2001 Rules.
B) The District Collectors of all the Districts, more
particularly of West Godavari, East Godavari, Krishna and Guntur,
shall constitute joint inspection teams, for each Mandal in their
HCJ & RRR, J
respective Districts, consisting of a police officer not below the
rank of Sub-Inspector of Police, the Tahsildar, and a
representative of either the Animal Welfare Board of India or a
member of a non-Governmental organization espousing the cause
of animals or persons involved in the prevention of cruelty to
animals. Two police constables, and a photographer, shall assist
each of these inspection teams, which shall be constituted on or
before 14.01.2024. These joint inspection teams shall be provided
necessary assistance by the District Administration to tour all
villages in their Mandal, and identify playgrounds/cock-pits where
such events are proposed to be held.
C) The District Collector/the Commissioners of Police/
Superintendent of Police of the District, on being informed of the
places where such playgrounds and cockpits have been formed,
shall take immediate action to ensure that such playgrounds are
not utilized for conducting cock-fights, if need be, by exercising
powers under Section 144 Cr.P.C.
D) They shall also be entitled to seize instruments used or
intended to be used for the cockfights, and any money which may
have been collected towards betting at such events.
E) All the District Collectors, the Commissioners of Police
and the Superintendent of Police, more particularly from these
HCJ & RRR, J
four District, shall ensure effective implementation of the
provisions of the 1960 and the 1974 Acts. They shall be held
personally responsible for lapses, if any, on their part in ensuring
its proper and effective implementation during the ensuing
Sankranthi festivals.
F) The District Collectors and the Superintendents of
Police may, if need be, organise village level meetings to inform the
general public of the provisions of the 1960 and the 1974 Acts, the
need to ensure its effective implementation, and to prevent cruelty
to animals i.e., cocks/roosters.
G) As held by the Supreme Court, in Animal Welfare
Board of India v. A. Nagaraja1, the District Collectors, the
Commissioners of Police and the Superintendent of Police shall be
entitled to take disciplinary action against the erring Tahsildras
and Police Officers for their failure to ensure effective
implementation of the provisions of the aforesaid Acts.
H) Apart from that, we feel that it would be appropriate to
constitute SPCA's wherever they are not formed, frame
bye-laws and get them registered. The authorities concerned shall
extend all possible assistance for setting up SPCA's.
(2014) 7 SCC 547
HCJ & RRR, J
As a sequel, pending miscellaneous applications, if any, shall
stand closed. There shall be no order as to costs.
DHIRAJ SINGH THAKUR, CJ R.RAGHUNANDAN RAO, J
JS
HCJ & RRR, J
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R.RAGHUNANDAN RAO
(per Hon'ble Sri Justice R.Raghunandan Rao)
10th January, 2024
JS
