People For The Ehical Treatment Of ... vs The State Of Assam And 2 Ors
2024 Latest Caselaw 8414 Gua

Gauhati High Court

People For The Ehical Treatment Of ... vs The State Of Assam And 2 Ors on 18 November, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

                                                               Page No.# 1/4

GAHC010017262024




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                     THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/466/2024

         PEOPLE FOR THE EHICAL TREATMENT OF ANIMALS (PETA) INDIA
         REPRESENTED BY ONE OF ITS DIRECTOR, KHUSHBOO GUPTA, AGED
         ABOUT 35 YEARS, WIFE OF SHUBHAM SACHDEVA, PRESENTLY WORKING
         AS DIRECTOR OF ADVOCACY PROJECTS IN PEOPLE FOR THE ETHICAL
         TREATMENT OF ANIMALS (PETA), INDIA, HAVING ITS REGISTERED
         OFFICE AT F-110,1ST FLOOR, JAGDAMBA TOWER, PLOT NO. 13,
         COMMUNITY CENTRE, PREET VIHAR, NEW DELHI- 110092.



         VERSUS

         THE STATE OF ASSAM AND 2 ORS.
         REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF ASSAM,
         BLOCK-C, 3RD FLOOR, ASSAM SACHIVALAYA, DISPUR- 781006,
         GUWAHATI

         2:COMMISSIONER AND SECRETARY
          HOME AND POLITICAL DEPARTMENT
          GOVERNMENT OF ASSAM
          2ND FLOOR
          CMS BLOCK
         ASSAM SECRETARIAT
          DISPUR
          GUWAHATI-6

         3:ANIMAL WELFARE BOARD OF INDIA
         THROUGH DR. O.P. CHAUDHARY
          CHAIRMAN
         AWBI AND JOINT SECRETARY
          MOFAHD
          42 KM STONE
          DELHI-AGRA HIGHWAY
          NATIONAL HIGHWAY-2
                                                                              Page No.# 2/4

             VILLAGE- SEEKRI BALLABHGARH
             FARIDABAD
             HARYANA- 121004 INDI

Advocate for the Petitioner   : MR. D DAS SR. ADV, MS S SHARMA,MR. D J DAS

Advocate for the Respondent : GA, ASSAM,




             Linked Case : WP(C)/468/2024

            PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS PETA INDIA
            REPRESENTED BY ONE OF ITS DIRECTOR
             KHUSHBOO GUPTA
            AGED ABOUT 35 YEARS
            WIFE OF SHUBHAM SACHDEVA
             PRESENTLY WORKING AS DIRECTOR OF ADVOCACY PROJECTS IN
            PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS (PETA)
             INDIA
             HAVING ITS REGISTERED OFFICE AT F-110
            1ST FLOOR
             JAGDAMBA TOWER
             PLOT NO. 13
             COMMUNITY CENTRE
             PREET VIHAR
             NEW DELHI- 110092


             VERSUS

            THE STATE OF ASSAM AND 2 ORS.
            REPRESENTED BY ITS CHIEF SECRETARY
            GOVERNMENT OF ASSAM
            BLOCK-C
            3RD FLOOR
            ASSAM SACHIVALAYA
            DISPUR- 781006
            GUWAHATI

            2:COMMISSIONER AND SECRETARY
            HOME AND POLITICAL DEPARTMENT
             GOVERNMENT OF ASSAM
             2ND FLOOR
             CMS BLOCK
                                                                       Page No.# 3/4

           ASSAM SECRETARIAT
           DISPUR
           GUWAHATI-6

          3:ANIMAL WELFARE BOARD OF INDIA
          THROUGH DR. O.P. CHAUDHARY
          CHAIRMAN
          AWBI AND JOINT SECRETARY
          MOFAHD
          42 KM STONE
          DELHI-AGRA HIGHWAY
          NATIONAL HIGHWAY-2
          VILLAGE- SEEKRI BALLABHGARH
          FARIDABAD
          HARYANA- 121004 INDIA
          ------------


Advocate for the petitioner(s):    Mr. D Das, Senior Advocate
                                   Mr. DJ Das
Advocate for the respondent(s): Ms. U Das
                                  Addl.Senior Govt. Advocate, Assam


                                  BEFORE
                HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                    ORDER

18.11.2024

These two writ petitions so filed pertains to the challenge being made in respect of a SOP issued by the Political Department, Government of Assam dated 27.12.2023, whereby permissions have been granted for the purpose of conducting the Bulbul Birds Fight as well as the Buffalo Fight (Moh Juj).

Page No.# 4/4

2. Mr. D Das, the learned Senior Counsel appearing on behalf of the petitioner submits that the said SOP is in flagrant violation of the judgment of the Supreme Court rendered in the case of Animal Welfare Board Of India Vs. A. Nagaraja & Ors., reported in (2014) 7 SCC 547 as well as the provisions of Prevention of Cruelty to Animals Act, 1960 and Wildlife Protection Act, 1972. He further submitted that these fights normally happen during the period of the Magh Bihu i.e. in the month of January, and, therefore, there is a requirement that the writ petitions be decided at the earliest.

3. Taking into account the above, list these matters on 28.11.2024 at the top of the list.

JUDGE

Comparing Assistant