Delhi High Court
Peta India vs Asiad Circus Through Its Proprietors ... on 15 April, 2021
Equivalent citations: AIRONLINE 2021 DEL 536
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:19.04.2021
22:07:36
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 15th April, 2021
+ W.P.(C) 6405/2018 & CM APPLs. 495/2021, 6386/2021
PETA INDIA ..... Petitioner
Through: Dr. Aman Hingorani & Mr.
Himanshu Yadav, Advocates.
versus
ASIAD CIRCUS THROUGH: ITS PROPRIETORS AND
ORS. ..... Respondents
Through: Mr. Riazuddin, R-1 in person.
Mr. Kirtiman Singh, and Mr.
Siddharth Garg, Advocates for R-2 &
3.
Mr. Mukul Rohtagi, Sr. Advocate
with Ms. Neeha Nagpal, Ms.
Devanshi Singh and Mr. Vishvendra
Tomar, Advocate for R-6.
Ms. Manisha T. Karia, Mr. Sukhdra
Kalra, Mr. Adarsh Kumar & Ms.
Nidhi Nagpal, Advocates for R-
4/AWBI (M-9818002150)
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through video conferencing.
2. The journey of Chotu - the Hippopotamus has finally been a happy one!
3. He was originally part of the Asiad Circus, which went into difficulties due to financial constraints. PETA India acquired knowledge of W.P.(C) 6405/2018 Page 1 of 8 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:19.04.2021 22:07:36 Chotu and that he could be in danger. Accordingly, the present petition was filed by PETA India, through its Chief Executive Officer, seeking immediate seizure of the hippopotamus, on the ground that he is being illegally retained by the Asiad Circus, despite the license of the Circus having been cancelled. Hence, the present petition seeking the following reliefs:
a. Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondent No.s 2,3,
4 and 5 to issue necessary directions for seizing a male Hippopotamus presently in illegal custody of Respondent no. 1 and for transfer of the said Hippopotamus back to Sanjay Gandhi Biological park, Patna where his parents and family members reside; b. Issue appropriate Writ, Order or Direction to extend the role of Respondent No. 3 to frame Rules for protection of exotic wild animals (including their exchange/ transfer/ acquisition/use);
c. Issue appropriate Writ, Order or Direction directing Respondent no. 5 to frame necessary guidelines to be mandatorily followed, until the Rules are framed by Respondent 3, in respect of exotic wild animals (including their exchange/transfer/acquisition/use) who do not fall within the purview of the Wildlife Protection Act, 1972;
d. Pass any such orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
4. On 22nd January, 2021, ld. Counsel for the Petitioner informed the Court that despite repeated orders, Respondent No.1 had failed to disclose the status and location of the hippopotamus. Accordingly, the following directions were issued for seizure of the hippopotamus and for non-bailable warrants to be issued against Respondent no.1:
W.P.(C) 6405/2018 Page 2 of 8 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:19.04.2021 22:07:36"i) The SPCA, Delhi is directed to immediately take steps for seizure of the male hippopotamus from the custody of Respondent No. 1 or any other person who may have custody of the said animal. Security shall be provided by the Delhi Police or any other local police, for the said purposes. Copy of this order shall act as a notice to the Commissioner concerned as also the local police of the concerned area who shall cooperate with the officials of the SPCA;
ii) Let non-bailable warrants be issued against Respondent No.1 - Mr. Riyazuddin (Address: NG 2/21, ADA Colony, Jajmau, Kanpur, Uttar Pradesh and C-3 89, Rose Apartments, Sector-14, Prashant Vihar, Rohini, Delhi-110085) to ensure his appearance on the next date of hearing.
iii) Registry to also give court notice to the Id. counsels appearing for Respondent No.1, whose vakalatnama has been placed on record."
5. On the last date, i.e., 17th February, 2021, an intervention application was filed by M/s Radhe Krishna Temple Elephant Welfare Trust to the effect that the custody of the Hippopotamus - Chotu, was given to them by Respondent No.1 on 27th October, 2019 and since then, he has been living in the facility maintained by the Trust. After having perused photographs of hippopotamus, who appeared to have been provided all requisite facilities, an Inspection Committee was directed to be sent by the Animal Welfare Board, including representatives of PETA India, to ascertain the identity of the Hippopotamus, his living conditions etc. and order dated 22 nd January, 2021, was kept in abeyance. Ld. Counsel for Respondent No.1 also appeared on the said date and on the undertaking that Respondent No.1 would appear on the next date of hearing before this Court, Paragraph 7(ii) of order dated 27th October, 2019 was also kept in abeyance.
W.P.(C) 6405/2018 Page 3 of 8 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:19.04.2021 22:07:366. Further to order dated 17th February, 2021, an affidavit has been filed by the Animal Welfare Board of India (hereinafter 'AWB'). After inspecting the premises of M/s Radhe Krishna Temple Elephant Welfare Trust (hereinafter, 'Trust'), the AWB has expressed complete satisfaction in the manner in which the Hippopotamus is being kept in the said facility, in terms of its living condition, food etc. The AWB has also confirmed that all the facilities and minimum standards are being completely taken care of. Accordingly, as per the AWB, the Trust may continue the life-long care of the Hippopotamus. The relevant portion of the said affidavit is set out hereinbelow:
"8.That the inspection team comprising of Dr. S.K. Dutta, Secretary, AWBI, Mrs. Prachi Jain, Assistant Secretary, AWBI and Dr. Manilal Valliyate, CEO, PETA, India visited the inspection site on 05.04.2021 and conducted the inspection. During the course of the inspection, they ascertained the identity of the hippopotamus, living conditions of the Hippopotamus, eating habits, diet chart etc., The report concluded that the Hippopotamus (now named chotu) was found to be healthy mentally as well as physically, and is being provided with all the basic environmental enrichments that are necessary for the welfare of captive wild animals. The housing conditions, the expert veterinary services and management care available to the hippopotamus met all the necessary basis or minimum standards and was suggested to be one of the best in the country. The facility is in compliance of to the provision of guidelines issued by the central zoo authority, wherever it is relevant to a hippopotamus and rescue and rehabilitation centre. Further the Inspection committee also recommended that since all the basic natural needs of the hippopotamus are carefully and meticulously addressed at the facility managed by the Trust and since as on date, there are no other W.P.(C) 6405/2018 Page 4 of 8 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:19.04.2021 22:07:36 hippopotamus rescue and rehabilitation centres in the country which can office such state or art facilities and services, the Trust may be permitted to provide him lifelong care. Annexed herewith is the copy of the inspection report dated 05.03.2021, marked as Annexure "R-4"."
7. Dr. Aman Hingorani, ld. Counsel confirms that insofar as prayer (a) is concerned, in view of the AWB's report, no further directions are pressed for.
8. Mr. Mukul Rohtagi, ld. Senior counsel appearing for the Trust, submits that the Trust would like to keep the Hippopotamus for the entirety of his life and undertakes to give proper care and treatment to the Hippopotamus.
9. Heard. A perusal of the affidavit filed by the AWB shows that there is complete satisfaction recorded as to the condition of the facility where Chotu is housed and the manner in which he is being taken care of. It is heartening for this Court to learn that such a facility with good living conditions and high standards is being run by the Trust. The AWB has in fact submitted that the Trust be permitted to provide 'life long care'. In view of the satisfaction report of the inspecting committee, submitted by way of affidavit by the AWB, it is directed that the Trust shall have life-long care of the Hippopotamus - Chotu, subject to the condition that he shall be treated with proper care and his living facilities shall be maintained as per the standards recorded in the affidavit of the AWB. For the sake of record, some photographs of Chotu in the facility are set out below:
W.P.(C) 6405/2018 Page 5 of 8 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:19.04.2021 22:07:36Thus, prayer (a) in the writ petition stands satisfied.
10. Insofar as framing of rules/guidelines for exotic animals which do not fall within the preview of the Wildlife Protection Act, 1972 is concerned, the W.P.(C) 6405/2018 Page 6 of 8 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:19.04.2021 22:07:36 Union of India, represented through the Ministry of Environment and Climate Change, as also the Central Zoo Authority, ought to consider the prayers which have been made on behalf of the Petitioner. The present writ petition shall, therefore, be considered as a representation by the said two authorities. PETA India is permitted to submit further comprehensive documents, if required, in addition to the averments made in the present writ petition. After hearing PETA India, on a date convenient to the Respondents and PETA India, and also hearing any other stakeholders, who, in the opinion of the Government ought to be heard, a decision shall be taken on or before 31st July, 2021 30th September, 2021 in respect of framing of rules/guidelines for the protection of exotic animals which do not fall within the preview of the Wildlife Protection Act, 1972. Remedies of the parties in respect of the decision taken are left open.
11. Insofar as Respondent No.1 - Mr. Riyazuddin is concerned, he has filed an affidavit, firstly, tendering an unconditional apology to the Court for his repeated non-appearance before this Court. He has explained that he had retained one Mr. Om Datt Sharma as his Advocate. The said counsel had got the reply signed by him which was also attested on 16th November, 2019 at Tis Hazari Courts. However, till the time non-bailable warrants were issued against him in January, 2021, Respondent No.1 was not aware that Mr. Om Dutt Sharma had not filed the reply. When he made enquiries, he learnt that the counsel had passed away on 11th January, 2020. Respondent No.1 submits that he had taken steps to be properly defended and represented before Court but due to the unfortunate demise of the counsel, which was not in his knowledge, there was no appearance on his behalf before this Court.
W.P.(C) 6405/2018 Page 7 of 8 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:19.04.2021 22:07:3612. Considering the averments in the affidavit and the submissions made before Court, as also the fact that the Hippopotamus has now been moved to a facility where he is being taken care of, the non-bailable warrants against Mr. Riyazuddin are discharged. No further orders are called for.
13. With these observations, the present petition, along with all pending applications, is disposed of.
PRATHIBA M. SINGH JUDGE APRIL 15, 2021 dj/T W.P.(C) 6405/2018 Page 8 of 8