Save (Save Animal Value ... vs Khurshid Ahmad Shah & Ors
2021 Latest Caselaw 392 j&K

                                                                 Sr. No. 219
               HIGH COURT OF JAMMU AND KASHMIR
                          AT JAMMU
 CJ Court

 Case: CPPIL No. 02 of 2018


SAVE (Save Animal Value Environment)               ...Petitioner(s)/Appellant(s)
                                 Through: Sh. S. S. Ahmed, Advocate and
                                          Sh. Muzzaffar Ali Shah, Advocate

                         v/s
Khurshid Ahmad Shah & ors.                                    .... Respondent(s)
                                 Through: Sh.Vishal Sharma, ASGI
       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

                                      ORDER

1. The PIL (Save Animal Value Environment versus State of Jammu and

Kashmir and others) was decided vide judgment and order dated 11.10.2017.

The Court in deciding the said petition records that the learned Sr. AAG has

undertaken on behalf of the Divisional Commissioner, Kashmir to constitute

similar societies for prevention of cruelty to animals for the Kashmir province

as well as Ladakh region as have been created in the Jammu province in

compliance with the Government order dated 19.10.2012. It was also stated

that the societies so constituted shall be registered under the Jammu and

Kashmir Registration of Societies Act, 1990.

2. The above observations/directions have now been complied with and

the societies for prevention of cruelty to animals have been established in all

the Districts of the Union Territory of Jammu and Kashmir and that they have

been registered.

3. In view of the above, since the directions have admittedly been

complied with, there is no need to proceed with the contempt any further.

4. Sh. S. S. Ahmed, learned counsel for the petitioner, submits that the

contempt Court on 13.11.2019 had passed an order directing for taking

measures of allocation of land/spaces, providing veterinary facilities and

finances thereof but no measures in that regard have been undertaken. In these

contempt proceedings, we are only required to consider the compliance of the

judgment and order dated 11.10.2017 and nothing else. It is settled law that the

contempt Court has no authority of law to issue any direction beyond the scope

of the order which is said to be disobeyed.

5. In view of the above, we do not intend to go into the fact as to whether

the directions of the contempt court dated 13.11.2019 have been complied with

or not. In case any measures which are necessary for running the societies so

established have not been taken, the petitioner is free to approach the

authorities for the above purpose as it is a separate cause of action.

6. In view of the above, we direct to consign this contempt petition and to

discharge the notices issued, if any.

                                     (SINDHU SHARMA)                         (PANKAJ MITHAL)
                                               JUDGE                          CHIEF JUSTICE
            Jammu
            26.03.2021
            Ram Murti

                                          Whether the order is speaking:      Yes/No
                                          Whether the order is reportable:    Yes/No




RAM MURTI
2021.03.29 14:41
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