Delhi High Court
People For Animals vs Md Mohazzim & Anr on 15 May, 2015
Author: Manmohan Singh
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Order delivered on: 15th May, 2015
+ CRL. M.C. NO.2051/2015
PEOPLE FOR ANIMALS ..... Petitioner
Through Mr.S.D.Windlesh, Adv.
versus
MD MOHAZZIM & ANR ..... Respondents
Through Ms.Jasbir Kaur, APP for the State.
CORAM:
HON'BLE MR.JUSTICE MANMOHAN SINGH
MANMOHAN SINGH, J. (ORAL)
Crl. M.A. Nos.7292/2015 & 7293/2015
Exemption allowed, subject to all just exceptions.
The applications are disposed of.
Crl. M.C. No.2051/2015 & Crl. M.A. No.7294/2015
1. Brief facts of the case are that an intimation was given to SHO
PS Lajpat Nagar, New Delhi for violation of various provisions of
Prevention of Cruelty (Capture of Animals) Rules, 1979. Police on
13th October, 2004 seized birds and animals and registered FIR
against the owner. The same was shifted to recognized body of the
Ministry of Environment and Forest, Govt. of India. The owner
moved the application for release of the birds on superdari. The
same was allowed by releasing the birds on superdari. The
complainant, i.e., People for Animal filed the revision petition. The
revision petition was dismissed despite of arriving at a finding that the
respondent is not the owner of the birds as they are not exotic and
the respondent/alleged owner has not committed any cruelty and
therefore, the respondent cannot be deprived of his property if he is
otherwise entitled for the same.
2. The order at present is only confined to birds. Coloured
photographs have been filed on behalf of NGO people for animals
which would show that the birds were kept in small cages though it is
not sure whether their wings and tails were cut or not. No order was
passed to be released them in the open sky. I have been informed
by the learned counsel for the petitioner i.e. NGO People for Animals
that more than thousands of birds are subjected to pain as the so
called owner put them in small cages and sell them in the commercial
market for his vested rights, despite of statutory and constitutional
right to live with dignity.
3. The Supreme Court has recently recognized the five
fundamental rights of the animals including the right to live with
dignity and announced twelve stringent measures/directives for the
Govt. and other implementing authorities to stop cruelty on animals in
the case of A. Nagaraja & Ors. v. Animal Welfare Board of India on
7th May, 2014.
4. It is argued that the so-called owners were given superdari of
birds without hearing the petitioner.
5. After hearing both sides, this Court is of the view that running
the trade of birds is in violation of the rights of the birds. They
deserve sympathy. Nobody is caring as to whether they have been
inflicting cruelty or not despite of settled law that birds have a
fundamental right to fly and cannot be caged and will have to be set
free in the sky. Actually, they are meant for the same. But on the
other hand, they are exported illegally in foreign countries without
availability of proper food, water, medical aid and other basic
amenities required as per law. Birds have fundamental rights
including the right to live with dignity and they cannot be subjected to
cruelty by anyone including claim made by the respondent.
Therefore, I am clear in mind that all the birds have fundamental
rights to fly in the sky and all human beings have no right to keep
them in small cages for the purposes of their business or otherwise.
The petition requires consideration.
6. Issue notice. Learned APP for the State accepts the notice.
Hence, issuance of notice to the State is dispensed with. However,
notice shall be issued to respondent No.1, returnable on 28th May,
2015.
7. Till the next date of hearing, the operation of the impugned
orders dated 20th October, 2014 and 10th March, 2015 shall remain
stayed.
8. Dasti.
(MANMOHAN SINGH)
JUDGE
MAY 15, 2015
