NEW DELHI: In a swift development, Chief Justice of India B R Gavai on Wednesday referred a suo motu matter concerning stray dogs menace to a separate three judge bench and posted it for hearing on Thursday.
According to the Supreme Court's website, the matter 'In Re: City Hounded by Strays, Kids Pay Price' would now be heard by a bench of Justices Vikram Nath, Sandeep Mehta and N V Anjaria on August 14.
Earlier on August 11, a bench of Justices J B Pardiwala and R Mahadevan had dealt with the matter and directed the Delhi government, and the municipal bodies in the NCR region to start at the earliest on removing the stray dogs from all the localities, finding the situation as extremely grim.
The court had said any individual or organisation coming in the way of removal of such stray dogs would face strict actions, including contempt proceedings.
"Immediate steps need to be taken to take care of the menace of dog bites leading to rabies," the bench had said, posting the matter for consideration after four weeks.
The Supreme Court's order spawned a series of strong reactions, street protests and criticism by a cross sections of society, including by animal rights activists. Film celebrities also appealed to the CJI to reverse the order.
Earlier on Wednesday, upon an urgent mentioning, CJI Gavai said he would look into the issue relating to community dogs, as a counsel claimed that there are conflicting directions issued by different benches of the Supreme Court.
“I will look into this," the CJI said, when the matter relating to stray dogs was mentioned before a bench led by him.
Advocate Nanita Sharma said two benches of the apex court have passed different orders on the community dogs issue.
“This is with regard to the community dogs issue. There is an earlier judgment of this court, of a bench of Justices J K Maheshwari and Sanjay Karol, which says there cannot be indiscriminate killing of canines and that compassion for all living beings has to be there,” the lawyer said.
She also referred to the recent order passed by a bench of Justices J B Pardiwala and R Mahadevan when the court had ordered relocation of the stray dogs in Delhi to dog shelters and another order passed by Justice J K Maheshwari-led bench in May 2024, whereby the petitions relating to the stray dog issue were relegated to the respective High Courts.
Justice Maheshwari had said, “Under all circumstances, there cannot be any indiscriminate killings of canines and the authorities have to take action in terms of the mandate and spirit of the prevalent legislation(s) in place”.
The counsel mentioned the petition filed by an organisation named Conference for Human Rights (India), challenging a Delhi High Court's order in its PIL seeking directions for sterlisiation and vaccination of community dogs in Delhi as per the Animal Birth Control (Dogs) Rules.
The High Court in August 2023 had disposed of the PIL without issuing any specific directions, after recording satisfaction with the steps taken by the authorites.
The NGO challenged the High Court order in July 2024 on which the notice was issued.
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