AJAY SHANKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. Mehta for the petitioners. Mr. Panjwani appears for respondents No. 1 and 2 and Mr. Sawant, Government Pleader, appears for respondents No. 3 and 4.

(2.) THE petitioners herein are running three different circus companies known as Jumbo Circus, Great Royal Circus and Rambo Circus respectively. Amongst other animals they are having in their custody Lions, Panthers, Tigers and Bears. In the present petition, they are challenging the letter dated 6th June, 2000 issued by the Director (Law) and Member Secretary, Government of India, respondent No. 2 herein. The letter is addressed to the Chief Conservator of Forests (Wildlife) and it is concerning the cancellation of certificate of ownership issued in regard to five categories of animals which are lion, tiger, panther, bear and monkey. These certificates of ownership are issued by the Chief Wildlife Warden under section 42 of the Wildlife (Protection) Act, 1972. The letter informs the Chief Conservator of Forests of Gujarat that rescue centres have been set up at five places, namely at Tirupati, Vishakapatnam, Bangalore, Jaipur and Vardalur (Chennai), and finally makes a request as follows :

(3.) THERE is no dispute that these circus companies have a certificate of ownership with respect to animals falling in these five categories. These certificates were obtained essentially for the purposes of the circus companies. The entire tenor of the petition discloses that. Subsequently it has so happened that the authorities concerned moved under the Prevention of Cruelty to Animals Act, 1960 and issued the necessary notification under section 22 of that Act, and have banned the training and exhibiting of animals. This notification issued on 14th October, 1998 under section 22 of that Act led to a writ petition to the Kerala High Court and the judgment of the Kerala High Court upholding the said notification is reported in the case of (N. R. Nair v. Union of India), in A. I. R. 2000 Kerala at page 340. The judgment of the Division Bench of that High Court upheld that notification. The matter was carried to the Apex Court in Civil Appeal Nos. 3609-3620 of 2001 and by its judgment and order dated 1st May, 2001 in (N. R. Nair v. Union of India), the Apex Court has dismissed those appeals. The judgment is now available on 2001 SOL Case No. 328. The letter under challenge in the present petition is a sort of a sequitur to the earlier notification and under this communication, now the Chief Conservator of Forests is requested to cancel the ownership certificates issued to the circus companies.