RABINDRA MOHAN PRASAD MADHUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application, prayer is to quash Office Order No. 981 dated 23rd June. 2001 (Annexure 5) issued by the Director Sanjay Gandhi Biological Park, Patna (respondent no. 5) in continuation of earlier letters bearing no. 978 dated 22nd June, 2001 (Annexure 5/B) and 97 dated 23rd June, 2001 (Annexure 5/A) directing the petitioner to hand over the lions, tigers, panthers, bears and monkeys to the designated Rescue Centres mentioned in D.O. letter dated 18th May, 2001 of the Additional Director General of Forest (Wild Life), Government of India (respondent no. 3), a copy of which was served vide aforesaid letter no. 978. and has been annexed as Annexure 3. Besides this, the petitioner has also sought for direction to the respondents to pay the cost of such animals as indicated in their reply dated 24th June, 2001 (Annexure 4) and also to direct respondent no. 3 to pay a cost of Rs. 15,000/ - (fifteen thousand) per day from 23.6.2001 i.e. the date of stopping of the show of the said animals. It is also prayed that till such settlement is made by the Government, the said animals be not recovered by them.

(2.) IN short, the relevant facts are that the petitioner -Ajanta Circus claims to be an old Circus having about 100 artists exhibiting their best performance for the entertainment of public, besides 200 more persons to help in the performance of the Circus. It is claimed that the petitioner has 22 lions and tigers and one bear and one monkey. The Government of India, in the Department of Environment and Forest, issued notification dated 14.10.1998 (Annexure 1) under section 22 of the Prevention of Cruelty to Animals Act, 1960 (hereinafter referred to as the Act) putting restriction on exhibition or training as performing animals, namely, bears, monkeys, tigers, panthers and lions with effect from the date of publication of the notification. The Apex Court upheld the validity of the said notification in Civil Appeals No. 3609 -3620 of 2001, vide judgment dated 1st May, 2001 (Annexure 2). The Apex Court, however, noted that even with respect to the animals whose exhibition and training is prohibited, the Act does not prevent the owner from keeping them as domestic pets. At the same time, it was observed that it is going to be difficult to expect someone to have a lion or tiger as a pet. It was held that it was the welfare of the animals which is of paramount consideration and it is only if the Government is satisfied on the basis of the materials on record that unnecessary pain or suffering is inflicted on an animal during the course of training or at the time when it is exhibited that a notification under section 22(ii) is issued. The Apex Court held that the Act is silent with regard to the ownership of the animals with respect to whom a notification under section 22 is issued, but inasmuch as the circus owners keep the animals only for the purpose of training and exhibition then it must follow that they cannot retain them for that purpose. However, on the contention of the learned counsel for the appellants of that case that no direction can be issued depriving the appellants of the ownership of the animals, the Apex Court, in the facts and circumstances, declined to go into the said question as it was not found to be within the domain of the said proceeding and thus refrained from passing any order in respect thereto.

(3.) AFTER the decision of the Apex Court, the Director (respondent no. 5), vide letter no. 978 dated 22nd June, 2001 (Annexure 5/B) directed the management of the petitionerCircus to (1) Stop the exhibition of five species of wild animals viz. tigers, panthers, bears, lions and monkeys; (2) Produce the ownership certificates; (3) Do not shift the animals from the present location without prior permission of the Chief Wildlife Warden, Bihar, Patna; (4) Take proper health care of the animals and (5) Give the animals healthy diet and maintain their enclosures properly and vide letter no. 979 dated 23rd June, 2001 (Annexure 5/A), while enclosing the copy of the order of the Apex Court dated 1st May, 2001 (Annexure 2) for compliance, directed for taking necessary action to comply D.O. letter no. PPS/Addl. DGF (WL)/2001 dated 18th May, 2001 (Annexure 3). On the same day, vide impugned letter no. 981 (Annexure 5), respondent no. 5 directed the management to hand over the lions, tigers, panthers, bears and monkeys to the designated Rescue Centres mentioned in the D.O. letter dated 18th May, 2001 issued by respondent no. 3.