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A District and Sessions Court in Gurugram has granted stay on the release of 44 animals being allegedly smuggled for illegal slaughter from Rajasthan to Haryana for Bakri Eid, until Jul 26, on a petition by Dhyan Foundation, an animal welfare organization, seeking immediate relief against a lower court order that had allowed release of the animals seized for violation of the Prevention of Cruelty to Animals Act, 1960.

The order was passed in a revision petition preferred by the Foundation against a lower court order releasing the animals which were kept in the safe custody of the petitioner back to the alleged owner. Additional Sessions Judge Aman Deep Dewan granted interim stay on release until Jul 26.

According to the petition, on July 9, 2021 the Manesar Police Station, Haryana received information that Imran and Rafiq (the respondents) were illegally transporting 44 goats inside a vehicle from Rajasthan to Haryana. On doing Nakabandi, the officer found that all the animals, big and small were cruelly dumped inside the vehicle without any provisions of food and water. They were suffocating and little space to move or breathe. It was found that the respondents did not possess any licenses for the inter-state transportation of animals or other requisite Certificates under the Prevention of Cruelty to Animals (Transport of Animals) Rules, 1978 or Prevention of Cruelty to Animals (Slaughterhouse) Rules, 2001.

After the seizure of the animals by the police, they were handed over to the petitioner organization for safe custody on July 10, 2021.

The petition further states that when the animals were transferred to the organization, they were found to be weak, dehydrated, injured and starved.

However, within two hours of such hand over, the respondents got an order passed by Judicial Magistrate First Class (JMFC), Gurugram for the release of the animals back to them.

Following that, the petitioner filed a petition before the District and Session Court, Gurugram seeking urgent quashing of the order passed by JMFC stating that the said order is in gross violation of law and that fate and lives of the 44 seized goats depends on the same.

Averments made by the petitioner –

The petitioner contended before the court that the order passed by the lower court was illegal and ultra vires all the prevailing laws on the subject of animal cruelty. It was alleged that the release was allowed by the lower court without making the Petitioner a party in the case.

They moved Court against the release of the animals on grounds of cruelty, under the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017, Rule 3(b) of which provides that pending litigation custody of animals may be handed over to a Gaushala, Animal Welfare Organization, pinjrapole or SPCA shelter, and stated that they merely sought interim custody of the animals and this had no bearing on the question of ownership of animals.

Reliance was also placed on Rule 8 of the said Rules which states that if after the trial is over, the owners and accused persons are convicted, the animals are to be forfeited. The petitioner argued that release at this pre-trial stage would be premature without due investigation into the extent and kind of cruelty meted on the animals.

The petitioner argued that the alleged owners have also not produced any GST e-way bills which are mandatory for inter-state transportation and stated that at the time of passing such order, the JMFC did not even check for the ownership documents of the respondents for the release of seized property animals in their favour, and, made no consideration to animal welfare or the fact that animals are not private property anymore but case property.

Considering these contentions the Additional Sessions Judge, allowed the petition to be registered and further ordered the notice of the same to be sent to the respondents.

Advocate Shreya Aggarwal appeared for the petitioner(s).

Case Title: Dhyan Foundation Vs. State of Haryana