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2017 DIGILAW 1432 (HP)

Court On Its Own Motion v. State Of H. P.

2017-12-21

SANDEEP SHARMA, SANJAY KAROL

body2017
JUDGMENT Sanjay Karol, A.C.J. - On the basis of news paper report dated 17.09.2017, with regard to illegal activity of bull fighting allowed to be performed, despite the same being banned, this Court vide judgment dated 21.07.2015, passed in CWPIL No. 3 of 2015, titled as Sonali Purewal vs. State of H.P. and others, reiterated the directions issued by Hon''ble the Supreme Court in Animal Welfare Board of India vs. Nagaraja and others, (2014) 7 SCC 547 . 2. Mr.Deven Khanna, Advocate, was requested to assist the Court as Amicus Curiae. 3. In essence, bull fighting as an activity stands prohibited, more specifically in view of the provisions of Prevention of Cruelty to Animals Act, 1960 (hereinafter referred to as the PCA Act). 4. On the basis of a letter petition, alleging such illegal activity to have taken place in a fair held on 16.09.2017 at Mashobra, Shimla, this Court issued notice to the State. 5. The Superintendent of Police, Shimla, vide her affidavit dated 05.10.2017, informed the Court that an FIR under the provisions of the Prevention of Cruelty against the Animals and Indian Penal Code stand registered against the organizer and Temple Committee of Sair Mela and the matter was under investigation. She had further wanted the Court to believe that the alleged bull fight did not take place as an organized activity, more so in the presence of the police officials. 6. The Deputy Commissioner, Shimla, vide his affidavit dated 07.10.2017, took a similar stand. Since there were news reports about the bull fighting having taken place during the Mela, Deputy Commissioner filed yet another affidavit dated 29.11.2017 inter alia stating as under:- "3. That in compliance to the direction issued by the Hon''ble High Court, it is humbly submitted that keeping in view the apprehension of bull fighting during the Sair Mela, Superintendent of Police Shimla was directed vide this office of letter No SML/ADM(L&A)/2017-2030 dated 15.9.2017, to deploy adequate police force to restrict bull fighting. (The copy of the letter No 2030 dated 15.9.2017 is Annexed as annexure-R/1). It is further submitted that the members of the Mela Committee were well aware about the fact that the bull fighting is a cruelty on animals and is illegal in the eyes of law, so the bull fighting was not organized by the Mela Committee from the last two years. It is further submitted that the members of the Mela Committee were well aware about the fact that the bull fighting is a cruelty on animals and is illegal in the eyes of law, so the bull fighting was not organized by the Mela Committee from the last two years. In this regad they were directed time and again by the replying deponent to ensure that there should not be any bull fighting during such type of Mela. Further is it also submitted that the replying deponent has already supplied the copy of the directions issued by the Hon''ble High Court regarding cruelty on animal to Superintendent of Police shimla and all the SubDivisional Magistrates in Shimla District and were directed to comply with these directions in letter and spirit. 4.......... It is further submitted that the Superintendent of Police Shimla has reported that the Police have lodged an FIR No. 132/2017 under the prevention of cruelty against animals and section 188 of the Indian Penal Code against the organizer and Temple Committee of Sair Mela, which is still under investigation and strict action against the violators will be taken. 5. That besides above replying deponent vide office order No SML/PSH(Animal Cruelty)/2015 - 25.9.2017 (Annexure R-1) has also ordered a Magisterial inquiry to be conducted by Additional District Magistrate (P) Shimla and has been directed to submit his report within stipulated period. The Additional District Magistrate (P) Shimla has reported that the enquiry is at the final stage and will be completed within two weeks time. 6..........In future all remedial measures will be taken prior to the celebration of such Mela and through vide publicity, general public will be made aware about the Provisions of Cruelty to Animal Act and to the directions issued by the Hon''ble High Court." 7. Vide her another affidavit dated 29.11.2017, Superintendent of Police, Shimla further informed that five persons were arrested in connection with the crime and that ''All remedial measures will be taken prior to the celebration of such type of Mela by spreading awareness among the general public about the provisions of Prevention of cruelty to Animal Act in religious rituals and enough deployment of Admin and Police will be ensured. It is further submitted that strict action will be taken against the violators and the order of the Hon''ble Court will be complied in letter and spirit." 8. It is further submitted that strict action will be taken against the violators and the order of the Hon''ble Court will be complied in letter and spirit." 8. On 30.11.2017, this Court impleaded the office bearers of the Mandir Committee, organizing the fair as party respondents. Also on 14.12.2017, local Member of Legislative Assembly Sh.Anirudh Singh and four other persons were impleaded as party respondents, for allegedly they were in the know of such an event, which was likely to take place, if not being party thereto. 9. On 20.12.2017, this Court recorded the presence of Sh.Ashwani Sharma, Bureau Chief, the Indian Express, Shimla, when the contents of the news items with regard to bull fight having taken place were reiterated. 10. On 21.12.2017, both learned Advocate General and Mr.G.D. Verma, learned Senior Counsel, persuaded us to drop the proceedings on account of three factors: (a) police had already taken action and FIR No.132/2017 stood registered; (b) Magisterial inquiry already stands ordered; and (c) the private respondents have expressed their unconditional apology with an assurance that in future they shall be vigilant and not allow any bull fight to take place. 11. Having heard learned Amicus, we are of the considered view that interest of justice warrants the matter to be put to rest with certain directions. 12. We notice that the local MLA, Sh.Anirudh Singh, has filed his personal affidavit stating that every year on the occasion of ''Sakranti'', near Bhadrakali Mata Temple, a fair, commonly known as Sair fair is being organized. A duly constituted Committee organizes such fair. However, the said Committee is not constituted by him. He admits to be present on the spot, but clarifies that no bull fight took place in his presence nor is he in any manner connected with the same. However, he further assures the Court with the following averments:- "That in the Sair fair to be held/organized during the tenure of deponent as M.L.A. The deponent assures this Hon''ble Court that illegal act/events shall not be organized/conducted at the deponent behest and the present proceedings against the deponent be dropped." 13. Affidavits of S/Sh.Amar Singh, Paras Ram son of Sh.Krishan Chand, Baldev, Paras Ram son of late Sh.Senu Ram and Devi Ram, are also on record, wherein commonly they have also deposed as under:- "2. Affidavits of S/Sh.Amar Singh, Paras Ram son of Sh.Krishan Chand, Baldev, Paras Ram son of late Sh.Senu Ram and Devi Ram, are also on record, wherein commonly they have also deposed as under:- "2. The deponent assures this Hon''ble Court that being owner of Buffalo, deponent will not involve/participate in any legal act/events to be organized/conducted in future and the present proceedings against the deponent be dropped." 14. Sh.Balak Ram has also filed his affidavit to the following effect: - "3. That keeping in view the bar imposed by the Hon''ble High Court of HP in connection with buffalo fighting was arranged by the Mandir Committee of Shri Bhadarkali Mata, Talai, Mashobra after 2014. No such fighting was arranged by the Mandir Committee, Shri Bhadarkali Mata, Talai, Mashobra in the year 2015, 2016 and 2017. I am President of this Committee and all the Members of this Mandir Committee are opposed to any kind of cruelties towards animals. We have no concern with the affairso of ''Sair-Mela-Committee, Talai at Mashobra. 4. That I as well as all other members of Mandir Committee Shri Bhadarkali Mata, Talai, Mashobra, make it clear that neither we contribute to the idea of bull fighting and fighting of buffalo nor we will arrange any such fighting in future also and therefore, the present proceedings against us be dropped." 15. In view of the aforesaid, we dispose of both the petitions, in the following terms:- i. Directions issued by Hon''ble the Supreme Court of India in Animal Welfare (supra) as stands reiterated by this Court in Sonali Purewal (supra), shall be followed in letter and spirit by all concerned; ii. Police shall complete the investigation, in relation to FIR No.132/2017, registered under the provisions of PCA Act and Indian Penal Code, within a period of two months and present challan before the appropriate Court for further consequential action, in accordance with law; iii. Magisterial inquiry shall be completed within a period of three months and necessary action taken, if any, against the officers/officials found guilty; iv. Affidavit of compliance be filed in the Registry of this Court within a period of four months; v. Henceforth fair shall not be allowed to be organized till such time there is deployment of adequate police force, and the Superintendent of Police shall personally ensure that no bull fight ever takes place during the Sair Mela. vi. Affidavit of compliance be filed in the Registry of this Court within a period of four months; v. Henceforth fair shall not be allowed to be organized till such time there is deployment of adequate police force, and the Superintendent of Police shall personally ensure that no bull fight ever takes place during the Sair Mela. vi. The District Collector shall obtain undertaking from the Temple Committee as also the Committee conducting Sair Mela that they shall also ensure that no illegal activity in the shape of bull fight takes place. vii. The unconditional apology tendered by the local MLA and the members of the Committee is accepted and taken on record with the word of caution that their participation in any fair where such bull fight takes place in future, would only tantamount to aggravation of violation of the orders passed by this Court from time to time. viii. To similar effect, unconditional apology of the Superintendent of Police and the Deputy Commissioner, Shimla, is accepted and taken on record. 16. Before parting, we wish to place on record appreciation qua the efforts put in by Mr.Deven Khanna, Amicus Curiae, who, on the instructions of this Court, contacted the letter petitioner and obtained necessary feedback. 17. Also learned Amicus Curiae undertakes to communicate the outcome of the present petition to the letter petitioner. 18. With the aforesaid observations, present petition stands disposed of.