Karnataka High Court
B S Radhanandan vs State Of Karnataka on 22 August, 2022
Author: Alok Aradhe
Bench: Alok Aradhe
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2022
PRESENT
THE HON'BLE MR. ALOK ARADHE
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
W.P.No.14143/2021(GM-RES-PIL)
C/W
W.P.No.5120/2021 (GM-RES-PIL)
IN W.P.No.14143/2021
BETWEEN:
HIGH COURT OF KARNATAKA
REPRESENTED BY REGISTRAR GENERAL
BENGALURU - 560 001. ...PETITIONER
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY CHIEF SECRETARY
VIDHANA SOUDHA
BENGALURU-560 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY
FOREST DEPARTMENT
M S BUILDING
BENGALURU-560 001.
3. THE DEPUTY CHIEF CONSERVATOR OF FORESTS
HASSAN DIVISION
HASSAN DISTRICT-573 201.
2
4. THE DEPUTY COMMISSIONER
HASSAN DIVISION
HASSAN DISTRICT-573201
5. THE SUPERINTENDENT OF POLICE
R C ROAD
OPPOSITE TO GOVERNMENT HOSPITAL
HASSAN DISTRICT-573 201.
6. THE ANIMAL WELFARE BOARD OF INDIA
VAYU BLOCK
INDIRA PARYAVARAN BHAVAN
JOR-BAGH ROAD
NEW DELHI-110 003 ...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R1-5 (P/H)
CGC - FOR R6(ABSENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTIONS TO THE RESPONDENTS TO TAKE ACTION
AGAINST ALL THOSE WHO ARE RESPONSIBLE FOR THE SAID
INCIDENT OF DEATHS OF MONKEYS AND TAKE APPROPRIATE
ACTION, IN ACCORDANCE WITH LAW AND ETC.
IN W.P.No.5120/2021
BETWEEN:
B.S.RADHANANDAN,
ADVOCATE,
(ROLL No.KAR 822/1992)
S/O LATE B.L.SRIKANTAIAH,
AGED 50 YEARS,
RESIDING AT NO.239/1,
4TH MAIN ROAD,
CHAMARAJPET,
BANGALORE - 560 018. ...PETITIONER
(PARTY IN PERSON)
3
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF ENVIRONMENT
AND FOREST
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA
BENGALURU-560 001.
2. THE PRINCIPAL CHIEF CONSERVATOR
OF FORESTS (WILD LIFE)
ARANYA BHAVAN
MALLESWARAM
BANGALORE.
3. THE COMMISSIONER,
BRUHAT BANGALORE MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE. ...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R1 & R2;
SRI K.N.PUTTEGOWDA, ADV. FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO TAKE NECESSARY ACTION
UNDER LAW BY STEPPING IN AID OF THE RESIDENTS,
WHENEVER THE MONKEY MENACE IS REPORTED TO THE
AUTHORITIES & ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE
FOLLOWING:
ORDER
The public interest litigation in W.P.No.14143/2021 was initiated suo motu by a bench of this Court on the basis of news reports published in the leading 4 newspapers - Indian Express, Times of India, Deccan Herald, Prajavani, etc.
2. In the said news reports, it was stated that large number of monkeys were found dead on the road side in Belur Taluk of Hassan District. In the news reports, it was further stated that along with the dead monkeys, 15 monkeys which were alive were also put in a large bag. A bench of this Court took note of the decision of the Supreme Court in the case of ANIMAL WELFARE BOARD OF INDIA VS A.NAGARAJA & OTHERS - (2014)7 SCC 547, wherein the limited right to live conferred on the animals was recognized.
3. W.P.No.5720/2021 has been filed by party in person seeking writ of mandamus to the respondents to take necessary action by stepping in aid of the residents whenever the monkey menace is reported to the authorities.
4. In these petitions, a bench of this Court was prima facie of the opinion that the death of monkeys is a case of gross violation of the provisions of the Prevention 5 of Cruelty to Animals, 1960, and in particular Sections 3 & 11 thereof. This Court had issued directions from time to time. On 04.08.2021, the following directions were issued.
(i) To lay down the procedure for immediately acting upon complaints received about monkey menace and for rescue as well as release of the monkeys in a scientific manner without causing any harm to them and to relocate them.
(ii) The State Government and the BBMP were directed to give wide publicity about the helpline number and landline number to receive information pertaining to sick and injured monkeys.
(iii) After holding the meeting and after layout down the procedure, the officers of the State Government and the BBMP were directed to file affidavits setting out the details of the procedure proposed to be laid down.
5. In pursuance of the aforesaid directions issued, the State Government has formulated the Standard Operating Procedure (SOP) for capture and release of 6 monkeys by the Forest Department/BBMP/Urban Local Bodies.
6. We have heard the party in person and the learned Additional Government Advocate and have perused the SOP.
7. The aforesaid SOP framed by the State Government deals with the aspect of money related conflict issues, for capture and release of monkeys by the Forest Department as well as the capture and its relocation. The aforesaid SOP also deals with the specifications of capturing cage.
8. Learned AGA submits that the detailed SOP which has been framed by the State Government shall be given effect.
9. Therefore, in the facts and circumstances of the case, these petitions are disposed of with a direction to the concerned authorities to give effect to the provisions of the Standard Operating Procedure for capture and 7 release of monkeys by the Forest Department/BBMP/Urban Local Bodies in letter and spirit.
SD/-
ACTING CHIEF JUSTICE SD/-
JUDGE KK