Jammu & Kashmir High Court - Srinagar Bench
Centre For Public Interest Litigation ... vs Government Of J&K And Anr on 8 July, 2022
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
Serial No. 03
Regular cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
SRINAGAR
WP(C) PIL No. 04/2022
CM No. 2915/2022
Centre For Public Interest Litigation and Legal Aid
..... Petitioner(s)
Through: -
Petitioner in person
V/s
Government of J&K and Anr.
..... Respondent(s)
Through: -
Mr. Rayees-u-Din Ganai, GA Mr. Moomin Khan, Advocate for 2 CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge Hon'ble Mr Justice Mohd Akram Chowdhary, Judge (ORDER) 08.07.2022 This Public Interest Litigation (PIL) pertains to the menace of dog bites, particularly, those having rabies, filed by the students of department of law, School of Legal Studies, Central University of Kashmir, Tulmulla, Ganderbal, who are stated to be the members of the centre of Public Interest Litigation and Legal Aid of the university.
Based on the status collected from different sources, it is stated that about 90,000 of stray dogs roaming in Srinagar city only and the instances are supplied about the death of some minor children attacked by the stray dogs at different places in and around the Srinagar City. It is also stated that the authorities have not taken steps despite the directions passed by this Court in PIL No. 361/2011 clubbed with PIL No. 12/2018 from time to time dealing with the dog menace in the Union Territory of Jammu and Kashmir. It is also stated that there is no awareness made to the general public with regard to dog bites and anti-rabies management. The second aspect is the issue of animal birth control and setting up of Anti-rabies Centres. The third aspect which has been highlighted is the action plan of the Srinagar Municipal Corporation for containing the menace of stray dogs and particularly dog bites as also the spread of rabies. It is stated that the respondents have failed in their duty in so far as creation of awareness is concerned, it has been submitted that no public advisories have been issued in local newspapers indicating the Do's and Don'ts in order to avoid dog bites and also to immediately contact the officers of the Srinagar Municipal Corporation, if a dog with abnormal or aggressive behaviour is biting any person(s), no helpline numbers have been indicated so as to deal with the issue of countering the aggressive dogs and how the people should take care as not to be exposed to such dogs. It is further averred that there are hardly any animal birth control and Anti-rabies centres in and around the Srinagar City.
We heard the students and examined the material placed on record, we also examined the order passed by this Court in PIL No. 361/2011 clubbed with PIL No. 12/2018 on 12.02.2022, in terms whereof the Public Interest Litigation pertaining to dog menace, stands disposed of with direction to all the authorities to ensure that every possible step is taken with regard to redressal of the grievance projected in the PIL, by curbing the dog menace in the Union Territory of Jammu and Kashmir.
In order to ascertain about the steps taken for dealing with the dog menace after disposal of the PIL No. 361/2011 clubbed with PIL No. 12/2018 on 12.02.2022, it has become necessary to issue notice to the respondents for submitting their detailed response in the first instance, waived by Mr. Rayees-u-Din Ganai, learned GA on behalf of respondent No. 1 and Mr. Moomin Khan, learned counsel appearing for the respondent No. 2, and pass following directions:-
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. List this matter on 09.08.2022.
Registry to furnish copy of this order to learned Advocate General, as also to Mr. Moomin Khan, learned counsel appearing for the respondent No. 2, for compliance.
(Mohd Akram Chowdhary) (Ali Mohammad Magrey)
Judge Judge
SRINAGAR
08.07.2022
"Mohammad Yasin Dar"
MOHAMMAD YASIN DAR
2022.07.08 16:07
I attest to the accuracy and
integrity of this document