VISAKHA SPCA Vs. CONSERVATOR OF FOREST VISAKHAPATNAM

JUDGEMENT

(1.) The petitioner in the writ petition is Visakha Society for Prevention of Cruelty to Animals, Which according to the petitioner is a registered Society. They approached this Court and prayed for a writ of mandamus directing the Conservator of Forests and District Forest Officer, Visakhapatnam to take steps to close down the third respondent-Circus. They alleged that the third respondent is running the Circus show/s in violation of the Government of India Notification dated 14-10-1998 and the letter of the Hon'ble Minister for Social Justice and empowerment dated 11-12-1998.

(2.) The Notification issued in exercise of powers under Section 22 of the Prevention of Cruelty to Animals Act, 1960 (the Act, for brevity) prohibits the exhibition or training of wild animals including lions. The said Notification was published in Part It Section 3 of the Gazette of India. By the letter dated 11-12-1998, the Hon'ble Minister for Social Justice and Empowerment had exhorted all Animal Welfare Organisations and Societies for Prevention of Cruelty to animals to take appropriate action by inspecting the circus and see that the Circular of Government of India vide Notification dated 16-11-1998 which forbids any circus from exhibiting any animals mentioned therein is implemented properly. While admitting the writ petition, this Court on 31-12-1999 passed an interim order directing the respondents to implement the Notification issued by the Government of India on 14-10-1998 and also further directed the Commissioner of Police, Visakhapatnam to ensure that the Court orders are properly implemented.

(3.) The third respondent has now come forward with WV MP No.26 of 2000 praying to vacate the interim order dated 31-12-1999 granted by this Court, While tracing the history of the circus, the Managing Partner of the third respondent states that the Notification issued 14-10-1998 in GSR No.619(E) was challenged by the Indian Circus Employees' Union before the High Court of Karnataka by filing WP No.41074 of 1999 and that the operation of the Notification dated 14-10-1998 was stayed by the Karnataka High Court. It is also stated that the High Court of Kerala as well as High Court of Madras also stayed the Notification. Therefore, he submits that the writ petition itself is not maintainable, for it seeks to implement the Government of India Notification.