Jammu & Kashmir High Court - Srinagar Bench
Centre For Public Interest Litigation ... vs Government Of J&K And Ors on 30 November, 2022
Author: Puneet Gupta
Bench: Puneet Gupta
Serial No. 13
Regular Causelist
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) PIL No. 4/2022
CM No. 2915/2022
Centre for Public Interest Litigation and Legal Aid.
..... Petitioner(s)
Through: -
Petitioners present in person.
V/s
Government of J&K and Ors.
..... Respondent(s)
Through: -
Mr. Alla Ud Din Ganai, AAG.
Mr. Irfan Andleeb, Dy. AG.
Mr. Moomin Khan, Advocate.
CORAM:
HON'BLE THE CHIEF JUSTICE.
HON'BLE MR JUSTICE PUNEET GUPTA, JUDGE.
ORDER
30.11.2022 Petitioners-Mohammad Rafeeq Rather and Mohammad Raza who are representing Centre for Public Interest Litigation and Legal Aid Centre, University of Kashmir, are present in person.
In terms of order passed on 08.07.2022, the Court while noticing the concern highlighted by the petitioners pertaining to the menace of dog bits, particularly those having rabies with details collected from different sources that only 90,000/- of stray dogs are roaming in Srinagar City only and have also made reference to instances about the death of some minor children attacked by stray dogs at different places in and around Srinagar City, directions were passed to Commissioner, Srinagar Municipal Corporation and Principal Secretary to Government, Health and Medical Education Department, which being relevant are extracted below:
i. Commissioner, Srinagar Municipal Corporation, shall submit the details of number of stray dogs available in the City of Srinagar. While submitting such numbers, it shall be reported as to what steps are taken about the aspect of creation of awareness with regard to dog bites and anti-rabies management.
ii. Commissioner, Srinagar Municipal Corporation, shall submit the details about the issue of animal birth control and setting up of Anti-rabies Centres. He shall submit the action plan of the Corporation for containing the menace of stray dogs and particularly dog bites as also the spread of rabies. It shall be indicated in the status report as to whether public advisories have been issued in Print and Electronic Media, indicating the Do's and Don'ts, in order to avoid dog bites.
iii. Commissioner, SMC, shall mention number of available animal birth control and Ant-rabies Centres and how many sterilization are undertaken on each working day. He shall also submit the action plan about the setting up of animal birth control and Anti- rabies Centres.
iv. The Commissioner, SMC, shall ensure that the produce of energy rich garbage is controlled mainly contributed by the poultry waste which is energy rich.
v. Principal Secretary to the Government, Health and Medical Education Department is directed to file an affidavit, indicating the availability of Anti-rabies vaccines and human rabies immunoglobulin injections in all the dispensaries and hospitals throughout the Union Territory of Jammu and Kashmir.
vi. Respondents shall also indicate the steps taken for dealing with the complaints filed by the various persons/social activists/victims about the dog bites.
Affidavit is filed on behalf of Deputy Secretary to Government, Health and Medical Education Department, in terms whereof information is supplied regarding availability of anti-rabies vaccines and Human Rabies Immunoglobulin Injection in the dispensaries and hospitals of the Union Territory of Jamu and Kashmir.
Copy of affidavit filed on behalf of Deputy Secretary to Government, Health and Medical Education Department has not been furnished to the petitioners.
At this stage, Mr Moomin Khan, learned counsel for Respondent No. 2 enters appearance and seeks some time to file affidavit on behalf of Commissioner, Srinagar Municipal Corporation. Let the needful be done within one week, with copy advance to other side, who shall file response to the same by or before next date of hearing.
Registry shall provide copy of reply filed on behalf of Deputy Secretary to Government, Health and Medical Education Department, to the petitioners who shall also file response to the same by or before next date of hearing.
List on 14.12.2022.
(PUNEET GUPTA) (ALI MOHAMMAD MAGREY)
JUDGE CHIEF JUSTICE
SRINAGAR:
30.11.2022
"Hamid"