Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 3 Ors on 8 January, 2024
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010020332015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5228/2015
SRI SRI HAYAGRIBA MADHAV TEMPLE and ANR.
PANCHATIRTHA HAJO KAMRUP, ASSAM THROUGH SRI SHIVA PRASAD
SARMA
2: SRI SHIVA PRASAD SARMA
DOLOI
SRI SRI HAYAGRIBA MADHAV TEMPLE
PANCHATIRTHA HAJO
KAMRUP
ASSAM S/O LT. SARAT CHANDRA SARMA
R/O ULUBARI
GUWAHATI - 781007
ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
THROUGH THE PRINCIPAL SECRETARY, HOME, POLITICAL INFORMATIN
AND PUBLIC RELATIONS, GOVT. OF ASSAM, DISPUR, GUWAHATI- 781006,
ASSAM.
2:THE DEPUTY COMMISSIONER
HAJO REVENUE CIRLCE
HAJO- 781102
KAMRUP
ASSAM.
3:THE ADDITIONAL DISTRICT MAGISTRATE
HAJO REVENUE CIRCLE
HAJO- 781102
KAMRUP
ASSAM.
Page No.# 2/5
4:THE CIRCLE OFFICER
HAJO REVENUE CIRCLE
HAJO- 781102
KAMRUP
ASSAM
For the Petitioner(s) : Ms. B. Choudhury, Advocate
For the Respondent(s) : Mr. S. Baruah, Standing Counsel
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 08.01.2024
Heard Ms. B. Choudhury, the learned counsel appearing on behalf of the
Petitioners and Mr. S. Baruah, the learned Standing counsel appearing on behalf
of the Respondent Nos. 1, 2, 3 and 4.
2. The instant writ petition has been filed by the Petitioners challenging the
order dated 13.01.2015 whereby the Circle Officer, Hajo Revenue Circle, Hajo
had informed the Doloi of the Petitioner No.1 about the prohibition of animal
races and fights in view of the judgment of the Supreme Court in the case of
Animal Welfare Board of India Vs. A. Nagaraja and Others reported in (2014) 7
SCC 547.
3. This writ petition was filed on 07.08.2015 and the Co-ordinate Bench of this
Court vide an detailed order dated 22.12.2015 had stayed the ban order dated
13.01.2015 addressed by the Hajo Circle Officer to the Doloi of the Petitioner
No.1 until further orders.
4. It is relevant to take note of that during the time of Magh Bihu at Sri Sri
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Hayagriba Madhav Temple red vented bulbuls play a game (fight). This
auspicious fervour of the game (fight) as per the Petitioners has been
continuing for the last 400 years or so and is associated with the worshipping of
Lord Hayagriba and associated with the custom of satisfying the deity with Lord
Hayagriba, Hajo. It is also mentioned that it is only at the sanctorum of Sri Sri
Hayagriba Madhav Mandir that the Bulbul fight take place that too only on the
auspicious first day of Makar Sankranti celebrated as Magh Bihu in Assam.
5. This Court has also taken note of the order dated 22.12.2015 passed by
the Co-ordinate Bench of this Court wherein the Co-ordinate Bench had
observed that the judgment of the Supreme Court in the case of Animal Welfare
Board of India (supra) was rendered on the facts of the said case taking into
account that there were materials available as regards cruel treatment to the
bulls which however was not there in the case of bulbul birds during the
ritualistic fight in the Hayagriba Madhav Mandir.
6. This Court also finds it very pertinent to take note of that on 27.12.2023,
an SOP/guideline has been framed to ensure that buffalo and other traditional
bird fights are allowed to be organized in all places where it has been
traditionally organized with specific provisions for regulation by the District
Administrations to ensure that cruelty to animals is not allowed to be inflicted.
In the said notification dated 27.12.2023, the background of the Bulbuli fights
have also been taken note of as well as also the pendency of the present writ
petition. This Court finds it very pertinent to take note of the Standard
Operating Procedure (SOP) for Bulbuli Bird Fights which have been mandated in
terms with the notification dated 27.12.2023. The relevant parts of the said SOP
as it is pertinent for the purpose of the instant writ petition are quoted
hereinunder:
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"Standard Operating Procedure SOP for Bulbuli birds fight:
1. Bulbuli birds should be kept completely sale.
2. Food items and water to be fed to the Bulbuli birds at the venue. Safety
and security shall be closely monitored by the organizing committee.
3. The game of Bulbuli birds fight must be conducted in a well-disciplined
manner.
4. In the game of Bulbuli birds fight, the management committee shall set
up barricades and conduct the games in a completely safe manner.
5. No persons other than 2 marchers and 2 judges will be allowed to enter
the stage.
6. Owner of the Birds must sit in specially reserved seats in disciplined
manner.
7. The game management committee will make proper seating
arrangement for the audience to enjoy the game.
8. The organizers shall ensure after the game is over, the Bulbuli birds must
be released in the open air in perfect condition.
If any organizing committee is found violating the stipulations as
mandated above, the event shall be banned for next five years. These shall be
applicable to both buffalo fight and bulbuli fight. Both Buffalo and Bulbuli fights
shall be permitted only at the places where both the fights have been
traditionally conducted for the last 25 years."
5. Taking into account the notification dated 27.12.2023, it therefore
transpires that the Government of Assam would no longer be insisting on the
impugned order dated 13.01.2015. The Government of Assam further having
already mandated an SOP which the Petitioners have agreed to follow, nothing
therefore requires to be done except setting aside the impugned notice.
Accordingly, this Court therefore disposes of the instant writ petition by setting
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aside the impugned notice dated 13.01.2015 with a further direction upon the
Petitioners to take appropriate steps for compliance in terms with the SOP for
bulbul bird fights as mandated in the notification dated 27.12.2023.
6. The said notification dated 27.12.2023 which has been placed before this
Court is kept on record and marked with the letter "X".
JUDGE
Comparing Assistant
