SAVE (SAVE ANIMAL VALUE ENVIRONMENT) AN NGO WORKING FOR WELFARE OF ANIMALS THROUGH ITS CHAIRPERSON Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) This public interest litigation is filed by the petitioner, NGO registered under the Societies Registration Act, seeking direction to ban the sale and purchase/use of plastic/synthetic/Chinese sharp kite strings called 'Manja' in the State of Jammu and Kashmir, which is hazardous/fatal to humans/animals/birds etc, which has already been banned in several States and important States like Maharashtra, Gujarat etc, Amritsar city in Punjab State.

(2.) According to the petitioner, the District Magistrate, Jammu issued an order No. 56-DMJ of 2015 dated 06.08.2015 under Sec. 144 Crimial P.C. but the same being restricted to 60 days, it is seeking direction praying that ban should have been imposed although as it has been imposed by the Governments of Maharashtra, Gujarat and Punjab as the 'Manja' kite strings have detrimental effects on people, birds, animals and the environment as a whole. Petitioner has also produced ban order issued by the Forest and Environment Department, Government of Gujarat dated 12.12.2011 and order dated 30.03.2015 issued by the Maharashtra Government. Petitioner also stated that during last kite season in Jammu city large number of people received fatal injuries at their vital body parts due to the synthetic threads and on chairperson of the petitioner-NGO herself visited various health institutions including emergency ward of Government Medical College, Jammu, Government Hospital Gandhi Nagar, Jammu and witnessed people of different age groups with fatal injuries on their body parts. Newspapers have also reported the said incidence. The petitioner has also enclosed photographs of the various injured persons, who received grievous injuries on different parts of the body, namely neck, hand, face etc. Even though a representation seeking to impose ban on sale and purchase of Chinese Kite threads was sent by the petitioner on 18.01.2016 to the respondents, no action was taken to impose ban, hence the petitioner has filed this writ petition with the above said prayer.

(3.) When the matter was listed for admission on 23.02.2016, Mr. P.S. Chandel, Deputy Advocate General of the State accepted notice on behalf of the respondents and prayed for time to get instructions. Based on the same, the matter was listed on 01.03.2016. Thereafter the case was listed on 10.03.2016 and at that time, Mr. D.C. Raina, learned Advocate General, on instructions, submitted that the Government is contemplating issuance of ban order for sale and use of nylon strings (Manja) made of non-biodegradable material, whether coated or not and material used for flying kites in the State of J&K. Learned Advocate General also submitted that the Government is going to issue SRO or notification to that effect and he has also produced draft notification prepared for that purpose and in the draft notification it was stated that the ban proposed to be imposed shall come into force in 45 days from the date of publication in the Government Gazette. This Court expressed reservation about postponement of the implementation of the SRO/Notification to be issued for 45 days and after recording the same at the request of the learned Advocate General the matter was directed to be listed today for producing the official notification which shall come into force from the date of publication in the Government Gazette.