ORDER 1. THE CHALLENGE IN THIS PETITION FILED UNDER ARTICLE 32 OF THE CONSTITUTION IS TO AN ORDER DATED 31-7-2001 ISSUED BY THE RESPONDENT MINISTRY OF RAILWAYS DIRECTING THAT IN NO CASE COACHING STOCK VIZ. SLR/VPS/VPHS/VPUS/VPXS/NMGS, ETC. SHOULD BE USED FOR TRANSPORTATION OF PIGS. IT FURTHER STATES THAT RELEVANT RULES FOR TRANSPORT OF ANIMALS WOULD BE AMENDED AND ISSUED SEPARATELY IN DUE COURSE. 2. THE AFORESAID ORDER, IT IS EVIDENT, WAS PASSED AS A RESULT OF A LETTER DATED 22-6-2001 WRITTEN TO MEMBER TRAFFIC, MINISTRY OF RAILWAYS BY THE THEN MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT, MRS MANEKA GANDHI BRINGING TO THE NOTICE OF THE OFFICER THAT PIGS ARE BEING TRANSPORTED BY PARCEL TRAINS/VANS OF NORTHERN RAILWAY WHICH IS IN GROSS VIOLATION OF THE RULES I.E. THE TRANSPORT OF ANIMALS (AMENDMENT) RULES, 2001 ISSUED UNDER SECTION 38 OF THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960. IT WAS POINTED OUT IN THAT LETTER THAT THE PIGS ARE LOADED MAINLY IN THE MORADABAD AND DELHI DIVISIONS OF NORTHERN RAILWAY FOR DESTINATIONS IN THE NORTH-EAST/EASTERN SECTOR IN EXTREMELY CRUEL CONDITIONS AND, THEREFORE, IT WAS SUGGESTED THAT IT SHOULD BE ENSURED THAT THE TRANSPORTATION OF ANIMALS BY RAILWAY SHOULD BE STRICTLY AS PER THE RULES. THE IMPUGNED ORDER DATED 31-7-2001 ALSO RECORDS THE ANXIETY OF THE RAILWAY BOARD ABOUT STRICT COMPLIANCE BEING MADE OF CHAPTERS VII, VIII AND IX OF THE AFORESAID RULES FOR BOOKING, LOADING AND TRANSPORTATION OF POULTRY, PIGS AND ANIMALS. IT IS ONE THING TO DIRECT COMPLIANCE WITH THE RULES AND IT IS ANOTHER THING TO STOP THE TRANSPORTATION EVEN AS PER THE RULES, WITHOUT PROVIDING FOR ALTERNATE MODE OF TRANSPORTATION. THE ORDER DIRECTING THAT THE PIGS SHALL NOT BE TRANSPORTED IN PARCEL VANS WAS MADE ON 31-7-2001 AND DESPITE MORE THAN FOUR YEARS HAVING PASSED, NO ARRANGEMENT AND/OR ALTERNATE ARRANGEMENT HAS BEEN MADE FOR TRANSPORTATION OF THE LIVESTOCK. THE RESULT IS A TOTAL STOPPAGE OF TRANSPORT BY THE RAILWAY WHICH IS ABDICATION OF THEIR OBLIGATION. IT IS EVIDENT THAT THE OPERATIVE OBJECTIONABLE PART OF THE ORDER DATED 31-7-2001 WAS MADE ARBITRARILY AND WITHOUT PROPER APPLICATION OF MIND. EVEN IN THE COUNTER-AFFIDAVIT FILED, NOTHING OF SUBSTANCE HAS BEEN STATED. IT HAS NOT BEEN EXPLAINED AS TO WHAT LED TO THE IMMEDIATE STOPPAGE OF TRANSPORTATION OF LIVESTOCK BY PARCEL VANS. IT HAS ALSO NOT BEEN EXPLAINED AS TO WHAT STEPS HAVE BEEN TAKEN THEREAFTER FOR THE TRANSPORTATION OF PIGS. EVEN IN THE COUNTER-AFFIDAVIT FILED, NOTHING OF SUBSTANCE HAS BEEN STATED. IT HAS NOT BEEN EXPLAINED AS TO WHAT LED TO THE IMMEDIATE STOPPAGE OF TRANSPORTATION OF LIVESTOCK BY PARCEL VANS. IT HAS ALSO NOT BEEN EXPLAINED AS TO WHAT STEPS HAVE BEEN TAKEN THEREAFTER FOR THE TRANSPORTATION OF PIGS. WHETHER ANY STEPS HAVE BEEN TAKEN FOR AMENDMENT OF THE RULES HAS ALSO NOT BEEN STATED THOUGH THE AFFIDAVIT WAS FILED AS LATE AS IN OCTOBER 2004. WE HAD PERMITTED THE RESPONDENTS, IN DECEMBER 2004, TO FILE ADDITIONAL AFFIDAVIT PLACING ON RECORD THE LATEST POSITION. THE RESPONDENTS HAVE, HOWEVER, OPTED NOT TO FILE ANY ADDITIONAL AFFIDAVIT/DOCUMENTS. 3. CHAPTER VIII OF THE RULES FRAMED UNDER THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 DEALS WITH TRANSPORTATION OF PIGS BY RAIL OR ROAD. THERE CAN BE NO OBJECTION IN TRANSPORTATION OF PIGS BY RAIL ON COMPLIANCE WITH SUCH OF THE PART OF THE RULES WHICH IS REQUIRED TO BE COMPLIED WITH BY THE CONSIGNOR. SOME OF THE OBLIGATIONS UNDER THE SAID CHAPTER ARE ON THE RAILWAYS. IT IS, OF COURSE, FOR THE RAILWAYS TO COMPLY WITH THEIR OBLIGATIONS. BLANKET ORDER PROHIBITING TRANSPORTATION OF PIGS BY PARCEL VANS WITHOUT PROVIDING FOR ADEQUATE ALTERNATIVE IS WHOLLY ARBITRARY AND ILLEGAL. 4. IN VIEW OF THE AFORESAID, WE MAKE THE RULE ABSOLUTE AND QUASH THE DIRECTION CONTAINED IN THE ORDER DATED 31-7-2001 TO THE EFFECT, "BOARD ALSO DESIRES THAT IN NO CASE COACHING STOCK VIZ. SLR/VPS/VPHS/VPUS/VPXS/NMGS, ETC. SHOULD BE USED FOR THE TRANSPORTATION OF PIGS." 5. THE PETITION IS ALLOWED ACCORDINGLY. THE PETITIONERS WILL ALSO BE ENTITLED TO THE COST OF THE PETITION.