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Mr Amit Chaudhery and his group has filed PIL in Punjab & Harayana High court against cruelty on pigs and monkeys. Here are the details

 

   IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                        CWP No.28065 OF 2017

(Public Interest Litigation)   

Amit Chaudhery

…….. Petitioner

Versus

State of Haryana & Ors.     

….. Respondents

INDEX

S.NO.

Particulars

 

Date

Page No.

Court fee (Rs.)

1.

List of Events and Dates

20.11.2017

1-2

0.00

2.

Memo of Parties

20.11.2017

3

50.00

3.

Civil Writ Petition

20.11.2017

4-20

0.00

4.

Affidavit in support

20.11.2017

21

0.00

5.

Affidavit in support

20.11.2017

22-23

0.00

6.

Annexure P-1 (CD)

……

24-26

1.95

7.

Annexure P-2 (Letter)

11.08.2010

27-28

1.30

8.

Annexure P-3 (Certificate)

…..

29-30

1.30

9.

Annexure P-4(Newspaper Report)

……

31

0.65

10.

Annexure P-5 (Comment)

…….

32-33

1.30

11.

Annexure P-6 (Photographs)

……

34-37

2.60

12.

Annexure P-7 (E-mail)

…….

38-43

3.90

13.

Power of Attorney

18.11.2017

44

2.75

 

 

Total

 

65.75

 

Note:-    1. The main law point involved in this writ petition are contained in                               para No.21 thereof.

  1. Relevant Acts/Rules: Constitution of India.
  2. Whether any caveat: has been filed? No.
  3. Similar case, if any: No

 

CHANDIGARH                                      (MONISHA LAMBA)    (RAJESH LAMBA)

P-2325-A-1/99          P-2325-1-A/99

                                          ADVOCATES

DATED: 20.11.2017                                                COUNSELS FOR THE PETITIONER  

 

    IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

 

                        CWP No._________ OF 2017

    (Public Interest Litigation)

 

MEMO OF PARTIES

 

Amit Chaudhery

…….. Petitioner

 

Versus

 

  1. State of Haryana through Secretary, Department of Animal Husbandry, Main Civil Secretariat, Haryana at Chandigarh.
  2. Director Urban Local Bodies, Bays 11-14, Sector 4, Panchkula Urban Estate, Haryana 134112
  3. Commissioner Municipal Corporation, Gurgaon.       

 

….. Respondents

 

 

 

 

 

 

CHANDIGARH                                   (MONISHA LAMBA)      (RAJESH LAMBA)

                                                               P-2325-A1/99                       P-2325-1-A/99                                                                                                                   ADVOCATE

DATED:20.11.2017                             COUNSELS FOR THE PETITIONER  

 

 

    IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

 

                        CWP No._________ OF 2017

(Public Interest Litigation)

Amit Chaudhery

…….. Petitioner

Versus

State of Haryana & Ors.

….. Respondents

COURT FEE

Total court fee stamps affixed of Rs. _________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHANDIGARH                                      (RAJESH LAMBA)       (MONISHA LAMBA)     

P-2325-1-A/99          P-2325-A1/99

                                                                                                      ADVOCATES

DATED:20.11.2017                                     COUNSELS FOR THE PETITIONER

 

LIST OF DATES AND EVENTS

11.08.2010, 22.05.2015

 

Rule 96 of the Transport of Animal Rules, 2001 deals with certification of transportation. It is submitted that MCG is not complying with the Rules and no certificate is issued under Rule 96 for transportation of animals. Animal Welfare Board of India issued a letter to the Chief Secretaries of all States and UTs on 11.08.2010 for Certification under Rule 96 of Transportation of Animals by Railways/Trucks. Similarly Animal Welfare Board of India issued another letter to Director Animal Husbandry Department of all States on 22.05.2015. Earlier letter dated 11.08.2010 and a Proforma of Certificate issued under Rule 96.

 

…………..

 

MCG does not appreciate that by promoting unregulated, rampant breeding, slaughter of pigs by illegal butcher mafia, MCG and the Administration is creating a very serious health hazard for the residents of Gurugram. It is submitted that this is direct ramification of swine flu and other zootic diseases which cause pandemics.

 

…………..

 

Residents of Gurugram have been involved in raising this issue and have been sharing posts about these facts.

 

 

………….

 

Petitioner is attaching few photographs of Bananas being given to "Rhesus Macaques" and catching of "Rhesus Macaques".

 

11.07.2017

 

There was an incident of killing of some of dogs and four "Rhesus Macaques" at National Media Centre, Gurugram on 11.07.2017. The residents shared the concern amongst themselves.

 

HENCE THE PRESENT WRIT PETITION.

 

 

CHANDIGARH                                      (RAJESH LAMBA)       (MONISHA LAMBA)     

P-2325-1-A/99          P-2325-A1/99

                                                                                                      ADVOCATES

DATED:20.11.2017                                     COUNSELS FOR THE PETITIONER

 

 

 

CIVIL WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS, DIRECTING RESPONDENTSTO OBSERVE THE ENTIRETY OF  ARTICLE 51(A) OF THE CONSTITUTION OF INDIA, THE VARIOUS LAWS IN THE CAPTURE, TREATMENT, TRANSPORTATION, REHABILITATION OF STRAY ANIMALS AND HAVE ACCOUNTABILITY IN THE SAME WITH A CLEAR END-TO-END PLAN DRAWN PER THE LAW, OBSERVING BEST PRACTICES AND ENDORSED BY GOVERNMENT RECOGNIZED ANIMAL NGO IN THE AREA OF MUNICIPAL CORPORATION, GURUGRAM.

OR

ANY OTHER WRIT, ORDER OR DIRECTION WHICH THIS HON’BLE COURT MAY DEEM FIT KEEPING IN VIEW THE FACTS & CIRCUMSTANCES OF THE PRESENT CASE.

REPECTFULLY SHOWETH :-

  1. That the petitioner is resident of District Gurugram and is involved in philanthropic activities since the last 25 years. The petition is a Public Interest Litigation. The petitioner is Honorary President of People for Animals, Gurgaon and an Honorary Animal Welfare Officer of the Animal Welfare Board of India, a statutory body under the Union Ministry of Environment, Forests & Climate Change, Government of India.
  2. That Municipal Corporation, Gurugram (hereinafter called MCG) is a statutory body formed under XII Schedule of Constitution of India. It is submitted that MCG is formed as per Article 13 of Constitution of India. It is submitted that MCG is governed by Rules and Writ jurisdiction is applicable to MC.
  3. That Article 243-W of Constitution of India deals with powers, authority and responsibilities of Municipalities etc. It is submitted that legislature of State may, by law, endow the Municipalities with such powers as may be necessary for economic development and social justice, performance functions  including those listed in XII Schedule. It is submitted that in the XII Schedule, at Serial No.15, Cattle Pounds and Prevention of Cruelty to Animals is mentioned. It is submitted that Article 243-W is enabling provision and State should provide such a statute. Article 243-W is being reproduced for the kind consideration of this Hon'ble Court:-

"243W. Powers, authority and responsibilities of Municipalities, etc Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow

(a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to

(i) the preparation of plans for economic development and social justice;

(ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule;

(b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule"

 

Further, Serial No.15 of Twelfth Schedule is being reproduced for            the kind consideration of this Hon'ble Court:-

"Cattle Pounds; prevention of cruelty to animals"

  1. That State of Haryana and specially MCG has not only failed but also acted unlawfully in causing extreme physical, mental and emotional cruelty, including deaths of innocent animals. The petitioner is raising issue with specific regard to "Feral Pigs" and "Rhesus Macaques", in the present petition.

Feral Pigs

  1. Gurugram has a widely disbursed population of feral pigs. Spread throughout the city, these animals are bred and slaughtered by an organized cartel of professionals who capture and kill them in complete contempt of the law. The pigs roam in open areas and live there. They cause no harm to the public and till date there is not a single incident on record of any aggression by these intelligent and docile animals who run away and shun human contact invariably. While the Petitioner is not advocating that pigs be allowed to roam the streets of Gurugram, he nevertheless, wishes to repeat and  place the fact before the Hon’ble Court that the pigs have till date not posed any danger or problem to the general public and will never do so. These animals are timid, very shy and intentionally avoid human interface. It is an altogether different matter that some people are vocal in their dislike and tolerance of pigs. As is the alleged threat of disease which stems from lack of hygiene, illegal slaughter and lack of animal husbandry by the municipal authorities as well as pig owners. The scientific fact is that pigs are very clean animals, given a conducive habitat. It may also be noted that as peri urban animals, pigs are to be found in residential areas including the city centre of Gurugram point at a large- scale nexus between the MCG, pig rearers, butchers.
  2. It is pertinent to note thatbetween 1985 and the present, disproportionately large and incrementally expanding areas of forests, brush, village commons,  groves, waterbodies, natural water channels, etc which once formed self- sustaining ecospheres supporting several life forms, have been systematically  and unaccountably destroyed and lost forever. This has critically depleted  habitats of all animals including Pigs. As a result of these compounded incidents,  these pigs have been forced out of their habitats where they have lived since  times immemorial, artificially introduced/bred in larger numbers than the natural population. And inhumanly exploited.

 

  1. The millennia old Indic tradition of co-opting all life and co-existing with various animals (including wild animals) as well as the practices which sustained this, are  a part of our civilizational values which are rapidly disappearing as we descend into a societal milieu of over population, greed, corruption, violence and a general break down of law and order. The fact that in this case the senior Government functionaries themselves are in defiance of the law as well as their duties only underlines the gravity of the situation. The city fathers of Gurugram, successive overnments, local public functionaries have not had any vision, acumen, understanding, or any desire to view the creation and growth of a city in a wholistic or sustainable manner. The sub optimal state of affairs in Gurugram is a testimony to this uncomfortable fact. Driven by commerce, there has been complete disregard for human as well as non human life. The appalling aspect is  that non humans have never even been acknowledged to exist, whereas they too are inhabitants of the geography in question, with a fundamental right to life and  liberty.

 

            Specific to the case, it is respectfully submitted that:

 

  1. i) The MCG has engaged the services of contractors to capture and remove the feral pigs to undefined and undisclosed locations. These contractors have further sub-let their MCG contracts to others in an ad hoc, completely whimsical manner and these people in turn have employed daily wagers to catch pigs and dump them in vehicles for alleged slaughter and/or breeding or sale in undisclosed locations. There is therefore a chain of perpetrators. We have evidence on record where a catcher admits that the pigs are sold in unregulated markets. These pigs are being caught, families broken, severely abused, tortured and illegally transported by MCG. Even lactating mothers are separated from children and taken away.

 

  1. ii) Under the Municipal Act, the MCG has no authority and/or jurisdiction to capture or sub-let the capture, transport and relocation of animals.

 

iii)        The MCG has no blueprint, oversight, system or any plan to address animal related issues in the city. Furthermore, it maintains no credible record, has no monitoring mechanism and no transparency regarding the capture, transportation and claimed release. The data it claims/presents is not verified by any independent third party, and has no integrity.

 

  1. iv) There is evidence on record submitted by residents that pigs have been caught and transported in extremely brutal manner all over the city in complete disregard of the law. The catchers terrorize the animals, beat them, stand on them, throw them in vans, stuff them one-atop the other and by admission of one contractor on camera, sell them in unauthorized animal mandis for illegal

slaughter.

 

  1. v) Local residents, groups of residents and RWAs, in violation of procedure and

 

rules have been encouraged by the MCG and its contractors to directly approach

 

them to capture pigs.

 

The Hon’ble Court may also consider the following very seminal points :

 

THAT

 

  1. Pigs are reared intentionally for money. Each pig is sold by weight for a minimum of 10,000/- rupees.
  2. Pigs being peri urban animals don’t feel comfortable in urban habitats, the reason why they are still not at large as say dogs.
  3. Technically pigs don’t breed throughout the year on their own. They are made to breed. This is done by the mafia, intentionally, the reason why we see so many pigs in Gurugram and near unathorised colonies such as Palam Village in Dwarka, Delhi.

 

  1. Pig breeders know that pigs don’t migrate long distances and hence leave them to feed on garbage till they grow up. This is a viable business investment.
  2. Each pig mafia group/ cartel has their own marks on the pig. They respect each others' property and hence only the cartel that has left the pig will pick it up. 

 

  1. Now MCG instead of stopping this mafia from illegally slaughtering pigs and selling their meat, awards permissions to catch them with official sanction and protection in complete violation of the law.

 

  1. MCG has no jurisdiction as municipal act is not comprehensive and under question in the Hon’ble Supreme Court of Indiaon various animal matters via Animal Welfare Board of India  Vs People For the Elimination of Stray Dogs, Record of Proceedings 265025).

 

  1. MCG is promoting illegal business of Pig cartels by engaging them and possibly receiving monetary gratification in return.

 

  1. Without permission from AWBI they are dealing in cruelty and brutality in the name of cleaning the streets. Also demonstrating ways, mechanisms of animal  torture and abuse publically. This has ramifications on law and order as well as social mores.

 

  1. There is no mechanism or blueprint in consultation with AWBI, Wildlife dept or Animal NGOS/ AWOs. This is illegal as pigs don’t fall under urban animals like dogs. They are peri wild.

 

  1. MCG has no instrument to curb pig slaughter and closure of open market pig meat selling and killing. In fact they are now supporting this.

 

  1. By promoting unregulated, rampant breeding and slaughter of pigs and incentivizing the pig and illegal butcher mafia, the MCG and District Administration is creating a very serious health hazard for the residents of Gurugram. This has direct ramifications on Swine Flu and other zootic diseases which cause pandemics.

 

  1. Various requests to the MCG Commissioner, communications to the DC and the Commissioner Gurugram, have been ignored.

 

  1. The Government of Haryana, May 15th 2017 has ordered closure of all illegal meat shops. The MCG and district administration, in direct contravention is promoting illegal meat sale from illegally captures, transported and slaughtered pigs. Thus directly flouting government orders.

II Questions of Law

 

  1. As established by the factual and true narration above and undermentioned evidence placed before the hon’ble court, the MCG is indulging in extra jurisdictional, illegal actions in a questionable manner against all tenets of  acceptable behavior to terrorize and torture innocent animals ; in this case Pigs.

 

  1. i) Photographic and video evidence clearly showing the brutality meted out to the pigs. Complaints received by the Petitioner from public against the MCG.
  2. ii) Photographic evidence showing unauthorized and illegal vehicular use to transport the captured pigs.

 

  1. As established by the enclosed evidence, these actions are in violation of all the various aspects of laws, rules and orders quoted above as well as :

 

  1. i) IPC Sections 428, 429, 511.

 

  1. ii) Prevention of Cruelty to Animals Act

 

iii)        Gazette of India, Ministry of Transport , Government of India Notification dated July 8th 2015 regarding transportation of animals.

 

  1. v) Relevant officers of the MCG, are in violation of IPC Sections 166, 217 (Public Servant Disobeying Direction of the Law). The DC and the Commissioner are complicit in this violation.

 

  1. vi) Actions of the MCG leadership are in complete disregard of the Constitution of India, Article 51 (a)

 

  1. v) Section 31 of the All India Service Conduct Rules (1968) which govern the leadership of the MCG and the District Administration.

 

  1. vi) Violation of Department of Personnel & Training, Ministry of Personnel, Public Grievances and Pensions, Government of India, memorandum entitled ‘Prevention of Cruelty to Animals – Guidelines” dated May 26, 2006 (F. No. 30/9/2006-WELFARE).

 

III Grounds

 

            In light of the above It is most respectfully submitted that the above supported by the said evidence placed on record provide extensive and exhaustive grounds for the Hon’ble Court to intervene. The Petitioner also humbly states that those who occupy public office, especially at the leadership level, are obligated to have sterling conduct and to promote a law abiding, evolved, sensitive social fabric. In addition, in times like these where life on earth faces severe existential challenges, such barbaric acts of cruelty carried out in complete disregard of the law, by a Government body in public oversight is condemnable and must be penalized.

IV Averment and Prayer

 

            The law is nothing except the rule of order and justice. Since animals cannot expect justice, fairness or even basic humanity. Since we as articulate beings who claim a sense of moral right and wrong. And since such extreme brutalities publically carried out, offend the law but also promote insensitivity and sadism in an already degraded social system, the Petitioner begs that the courts of law intervene. The Petitioner prays that the Hon’ble Court may please consider through a Writ of Mandamus and suitably order and direct the Municipal Corporation of Gurugram to immediately observe, enforce and guarantee legally stipulated procedures and processes in a transparent manner. And strictly warn the municipal commissioner and the deputy commissioner that such gross repetitive violation of office and the law by the district administration and such unaccounted, cavalier barbarity not be allowed.

 

Rhesus Macaques

 

  1. The Rhesus Macaque (MacacaMulatta) is a protected species under the Wildlife Protection Act (1972) listed under Schedule II of the said Act.

 

  1. The Rhesus Macaque is revered by a very large section of this country’s Hindu population, which is enjoined by scripture, philosophy, tradition and culture to respect all life. This has bearings on the Fundamental Right to Worship under the Article 25 of the Constitution of India.

 

  1. Between 1985 and the present, disproportionately large and incrementally expanding areas of forests, brush, village commons, groves, waterbodies, natural water channels, etc which once formed self-sustaining ecospheres supporting several life forms, including the Rhesus Macaques, have been systematically and unaccountably destroyed and lost forever. This has critically depleted habitats of all animals and many animals have been severely reduced in numbers, or wiped out altogether. As a result of these compounded incidents, these Rhesus Macaques have been forced out of their habitats where they have lived since times immemorial.

 

  1. 4. The millennia old Indic tradition of co-opting all life and co-existing with various animals (including wild animals) as well as the practices which sustained this, is rapidly disappearing as we descend into a societal milieu of over-population, greed, corruption, violence and a general break down of law and order. The fact that local governments aid and abet such trends is a cause of grave concern and anxiety.

 

  1. The city fathers of Gurugram, successive governments, local public functionaries have not had any vision, acumen, understanding, or any desire to view the creation and growth of a city in a wholistic or sustainable manner. The sub optimal state of affairs in Gurugram is a testimony to this uncomfortable fact. Driven by commerce, there has been complete disregard for human as well as non human life. The appalling aspect is that non humans have never even been acknowledged to exist, whereas they too are inhabitants of the geography in question, with a fundamental right to life and liberty.

 

Specific to the case, it is respectfully submitted that:

 

  1. i) The MCG engaged the services of one Aryan Choudhary to capture and remove Rhesus Macaques without any transparent tendering process being carried out in the public domain. This opaque and irregular act was done without seeking or taking help from any bona fide animal NGO or recognized wildlife experts, especially when People For Animals (recognized by the Hon’ble Governor of Haryana and India’s largest animal NGO) and Wildlife SOS (a pre-eminent wildlife expert organization recognized by the Union Ministry of Environment, Forests and Climate Change, several states and a partner on record with several Government bodies to address animal related issues) are both located in Gurugram.

 

  1. ii) The MCG has no authority and/or jurisdiction to capture or sub-let the capture, transport and re;ocation/disappearance of any animal. Especially wildlife.

 

iii)        The MCG has not acquired any permissions from the state’s Chief Wildlife

 

Warden or the district wildlife authorities to capture, transport and re-locate wild

 

animals.

 

  1. iv) The said Aryan Choudhary runs an unrecognized, unlicensed outfit titled ‘Wildlife Care India’. This does not have any permissions and/or sanction to handle, catch, transport, displace animals; is not recognized by the Animal Welfare Board of India (AWBI), a statutory body under the union Ministry of Environment, Forests & Climate Change or the said Ministry or the Central Zoo Authority (CZA) or the Haryana State Wildlife department. It also has no mandatory clearances from the Chief Wildlife Warden, nor any competencies to deal with wild animals.

 

  1. v) Evidence on record proves that MCG and Aryan Choudhary have been catching Monkeys after illegally inducing drugs through bananas, administering pain through cruel handling, breaking up family groups (monkeys are extremely bonded to their troops), reportedly selling the juvenile and infant monkeys to madaris and/or killing them or causing them to disappear in undisclosed locations.

 

  1. vi) The MCG has no blueprint or a sustainable plan to address animal related issues in the city. Furthermore, it maintains no credible record, has no monitoring mechanism and no transparency regarding the capture, transportation and claimed release of monkeys. The data it claims/presents is not verified or audited by any independent third party, and therefore, has no integrity.

 

vii)       The MCG has no authority to earmark a release/rehab area. Neither has it

 

earmarked a release area  which has been certified by the state or district wildlife

 

department as appropriate for sustaining the populations.

 

viii)      Local residents, groups of residents and RWAs, in violation of procedure and rules have been encouraged by the MCG’s staff as well as Aryan Choudhary to directly approach him to capture monkeys. The most recent such case on record is at the National Media Centre, Gurugram, where a nursing mother with her child were caught in extremely cruel fashion, tortured and greviously injured. Reports similar to the case at the National Media Centre have come in from various other parts of Gurugram.

 

II Questions of Law

  1. As established by the factual and true narration above and undermentioned evidence placed before the hon’ble court, the MCG is indulging in extra jurisdictional, illegal actions through an unauthorized agent who has been selected by the MCG in an irregular and questionable manner.

 

  1. i) Photographic evidence clearly showing Aryan Choudhary’s staff injecting bananas with unspecified drugs to feed to Rhesus Macaques to render them unconscious.

                        ii)Video evidence and photographic evidence showing the painful and cruel handling of the captured animals.

                        iii)Photographic evidence showing unauthorized and illegal vehicular use to transport the captured monkeys.

                        iv)Communication from residents of Gurugram as statements on record against Aryan Choudhary (attached).

                        v)It is submitted that at one point of time, first floor of Community Centre of Village Silokhra was also allotted to Aryan Chaudhary. It is submitted that the opaque and irregular act was done by and by officials of MCG.

                        vi)It is submitted that on 27.10.2017 this Aryan Choudhary’s men again tried to illegally capture monkeys from SushantLok I, Gurugram (Photographs attached).

 

  1. As established by the enclosed evidence, these actions are in violation of :

 

            i)Wildlife Protection Act (1972) and sections thereof.

            ii)Prevention of Cruelty to Animals Act

            iii)Protocols for Transportation of Wild Animals as stipulated by the Central               Zoo Authority.

            iv)Gazette of India, Ministry of Transport , Government of India Notification            dated July 8th 2015

            v)Relevant officers of the MCG, are in violation of IPC Sections 166, 217   (Public Servant Disobeying Direction of the Law)

            vi)Actions of the MCG leadership are in complete disregard of the   Constitution of India, Article 51 (a) as well as Section 31 of the All India        Service Rules which govern the leadership of the MCG and the District         Administration.

  1. The petitioner is submitting a C.D. containing video of catcher admitting that "Feral Pigs" are sold in unregulated markets. The C.D. containing video is annexed herewith as Annexure P-1.
  2. That there are many bonafide Animal NGO and recognized Wildlife Experts including People for Animals, Wildlife SOS being recognized by Hon'ble Governor of Haryana and Union Ministry of Environment,
  3. That MCG has no authority or jurisdiction to capture or sublet the capture, transport and relocation/disappearance of any animal.
  4. That MCG has no blueprint, system or any plan to address animal-related issues in the City. Further, there is no credible record, no monitoring mechanism or transparency regarding the capture, transportation and claimed release. It is submitted that data has never audited/verified by any independent third-party.
  5. That said Aryan Chaudhary runs an un-recognized unlicensed company namely "Wildlife Care India". It is specifically submitted that it does not have any permission or sanction to handle, catch, transport, displaced animal and is not recognized by Animal Welfare Board of India, a statutory body under the Union Ministry of Environment,  Forest and Climate Change or the Haryana State Wildlife Department. It is also specifically submitted that there is no monetary clearance from Chief Wildlife Warden.
  6. That it is also important to mention here that MCG and said Aryan Chaudhary has  been catching "Rhesus Macaques" after illegally inducing drugs through bananas, administering pain through cruel handling, breaking up family groups and selling the infant monkeys to Madaaris or posing them to disappear in undisclosed location.
  7. That MCG has not earmarked a release area which has been certified by the State or District Wildlife Department as appropriate for sustaining the population of "Feral Pigs" and "Rhesus Macaques".
  8. That "Feral Pigs" and "Rhesus Macaques" which are captured/caught are terrorized, beaten, thrown in vans and are stuffed one over the other and are sold in animal mandis for illegal slaughter.
  9. That Rule 96 of the Transport of Animal Rules, 2001 deals with certification of transportation. It is submitted that MCG is not complying with the Rules and no certificate is issued under Rule 96 for transportation of animals. Animal Welfare Board of India issued a letter to the Chief Secretaries of all States and UTs on 11.08.2010 for Certification under Rule 96 of Transportation of Animals by Railways/Trucks. Similarly Animal Welfare Board of India issued another letter to Director Animal Husbandry Department of all States on 22.05.2015. Earlier letter dated 11.08.2010 and a Proforma of Certificate issued under Rule 96 are annexed herewith as Annexure P-2 and Annexure P-3, respectively.
  10. That MCG should not be allowed to be cruel to animals in the name of cleaning the streets and saving public. It is submitted that there should be compliance to the Rules and being State, MCG is bound to uphold the rule of law.
  11. That with regard to "Feral Pigs", it is a known fact that "Feral Pigs" are reared for money. Each pig is sold by weight for a minimum of 5000/-. It is further submitted that pigs are being peri-urban animals and do not feel comfortable in urban habitats, the reason why they are still not at large as say dogs. It is further submitted that technically pigs don't breed on their own. They are made to breed. This is done by the mafia intentionally, the reason why we see so many pigs in Gurugram and near unauthorized colonies such as Palam Village in Dwarka, Delhi. It is further submitted that Pig breeders know that pigs don't migrate long distances and hence leave them to feed on garbage till they grow up. This is a viable business investment. Each pig mafia group/cartel has their own marks on the pig. They respect each others' property and hence only the cartel that has left the pig will pick it up.
  12. That another important fact is that the Haryana Municipal Corporation Act 1994 does not lay down a comprehensive plan to save the animals from cruelty and there is no dedicated department to deal with the matter. It is submitted that the official should not shirk the duties and should comply with the Rules and directions issued by Animal Welfare Board of India. It is submitted that since the Act is not comprehensive, MCG does not have right to deal with "Feral Pigs" and "Rhesus Macaques" in a cruel fashion.
  13. That MCG does not appreciate that by promoting unregulated, rampant breeding, slaughter of pigs by illegal butcher mafia, MCG and the Administration is creating a very serious health hazard for the residents of Gurugram. It is submitted that this is direct ramification of swine flu and other zootic diseases which cause pandemics. A copy of Newspaper report about Swine Flu in District Gurugram is annexed herewith as

Annexure P-4.

  1. That the residents of Gurugram have been involved in raising this issue and have been sharing posts about these facts. One such post and comments thereof are annexed herewith as Annexure P-5.
  2. That for the perusal of this Hon'ble Court the petitioner is attaching few photographs of Bananas being given to "Rhesus Macaques" and catching of "Rhesus Macaques" as Annexure P-6.
  3. That there was an incident of killing of some of dogs and four "Rhesus Macaques" at National Media Centre, Gurugram on 11.07.2017. The residents shared the concern amongst themselves. Copies of e-mails sent and received by the petitioner are annexed herewith as Annexure P-7.
  4. Thatthe following questions of law arise in the present writ petition for the kind consideration of this Hon’ble Court:-
  5. Whether sensitivity should play a role in formulating policy towards capturing and relocating animals ?
  6. Whether Prevention of Cruelty Act to Animals, 1960 and Wildlife Protection Act, 1972 should be compliedwith?
  • Whether the officials of MCG are in violation of Rules of relevant laws?
  1. Whether MCG is not complying with Article 243-W of Constitution of India.
  2. Whether, the local government and MCG is demonstrating callous cruelty to the general public, thereby reinforcing the widely prevalent and increasing social fabric of insensitivity and abuse of Nature?
  3. Whether the leadership of the MCG is in violation of IPC 166, 217 : Public Servant Disobeying Direction of the Law ?
  • Whether the local government and the MCG is in violation of Section 31 of the All India Services Rules ?

 

  1. That the Petitioner is left with no remedy, except to approach this Hon’ble Court, by way of filing the present Writ Petition under Article 226 of the Constitution of India.
  2. That no such or similar Petition has been filed by the Petitioner either before this Hon’ble High Court or Hon’ble Apex Court of India.

PRAYER CLAUSE

It is, therefore, most respectfully prayed that the following relief may kindly be granted to the petitioner:-

  1. A WRIT IN THE NATURE OF MANDAMUS, DIRECTING RESPONDENTS TO OBSERVE THE ENTIREITY OF LAWS AND BEST PRACTICES TO ADDRESS THE ISSUE OF ANIMALS SPECIALLY "FERAL PIGS" AND "RHESUS MACAQUES"IN THE AREA OF MUNICIPAL COUNCIL, GURUGRAM. AND OPERATE IN AN ACCOUNTABLE, TRANSPARENT MANNER WITH AUTHORIZED ANIMAL ORGANIZATIONS RECOGNIZED BY THE GOVERNMENT. AND HAVE A CLEAR, VERIFIABLE PLAN OF IDENTIFICATION, CAPTURE, TRANSPORTATION, AND REHABILITATION WITHOUT SCOPE FOR ILLEGAL TRADE AND/OR SLAUGHTER, MAY KINDLY BE ISSUED;
  2. ANY OTHER WRIT, ORDER OR DIRECTION WHICH THIS HON’BLE COURT MAY DEEM FIT KEEPING IN VIEW THE FACTS & CIRCUMSTANCES OF THE PRESENT CASE;

iii.           EXEMPTION MAY BE GRANTED FROM GIVING ADVANCE NOTICE TO THE RESPONDENTS.

  1. EXEMPTION MAY BE GRANTED FROM FILING CERTIFIED COPIES OF ANNEXURE P1 TO ANNEXURE P-7.
  2. COST MAY BE AWARDED TO THE PETITIONER FOR RAISING AN IMPORTANT QUESTION OF PUBLIC INTEREST.

CHANDIGARH                                                                     PETITIONER

DATED: 06.11.2017                                                                       

                                                                                    THROUGH COUNSELS:-

(RAJESH LAMBA)   (MONISHA LAMBA)

                                                                                                ADVOCATES

COUNSELS FOR THE PETITIONER

VERIFICATION:-

            Verified that the contents of the paras 1 to 20 and 22 and 23 of the writ petition are true and correct to my knowledge. The contents of para no. 21 are legal submissions based on the advice of my counsel which are also believed to be true and correct. No part of it is false and nothing material has been kept concealed therein.

CHANDIGARH                                                                                

DATED: 06.11.2017                                                                                    PETITIONER

 

 

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No._________ OF 2017

(Public Interest Litigation)   

Amit Chaudhery

…….. Petitioner

Versus

State of Haryana & Ors.     

….. Respondents

Affidavit of Amit Chaudhery

 

      I, the above named deponent, do hereby solemnly affirm and state as under:-

  1. I am the Petitioner in the aforesaid matter and am well conversant with the facts of the present case from my personal knowledge and from the information received and believed to be true and as such I am fully competent to depose and to swear this Affidavit.
  2. That I have read and understood the contents of the Civil Writ Petition and the Applications accompanying thereto and verify that the contents of the same are true and correct to the best of my knowledge and information received and believed to be true and based on legal advice received and believed to be true. Nothing material is concealed therefrom.
  3. That I do not have any personal interest in the present writ petition.

           

Chandigarh

Date                                                                                                        DEPONENT

VERIFICATION:-

      Verified that the contents of paras 1 to 3 of my above affidavit are true and correct, that no part of it is false and nothing material has been concealed therefrom.

Chandigarh

Date                                                                                                          DEPONENT