Allowed

Animal Rescue Organization v. The State of Andhra Pradesh

Andhra Pradesh HC5 Jul 2022WP(PIL)/92/2022

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh disposed of a PIL concerning illegal animal slaughter for Bakrid. While acknowledging state efforts, the Court directed Police Commissioners to appoint Nodal Officers for animal crimes and publish these appointments in leading newspapers within three days.

What did the court decide?

Directed Police Commissioners to appoint Nodal Officers for animal crimes and publish notifications in leading newspapers within three days.

Animal Rescue Organization Vs The… — Public Procurement and Tenders | Andhra Pradesh HC (2022)

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IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

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HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE

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HON’BLE MR. JUSTICE D.V.S.S. SOMAYAJULU

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W.P (PIL) No. 92 of 2022

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(Proceedings through physical mode)

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Animal Rescue Organization (Reg.No.485 of 2009), Rep.by its Secretary, Gopal Rao Surabathula, S/o. S.S.R.K. Guruprasad (late), aged 45 years, R/o.8-19-1-C, Gandhinagar, Kakinada-533 004, Kakinada District, (previously East Godavari District) and others.

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..Petitioners.

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Versus

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The State of Andhra Pradesh, Rep.by its Chief Secretary, Building #1, 1^st floor, Interim Government complex, A.P. Secretariat, Velagapudi, Guntur District, Andhra Pradesh and others. ..Respondents Counsel for the petitioners : Mr. K. S. Murthy, Sr. Counsel Assisted by Mr. P.Sree Vyas Counsel for Respondent No.1 : G.P. for GAD Counsel for Respondents No.2 & 4 : G.P. for Home Counsel for Respondents No.3 & 5 : G.P. for Animal Husbandry Counsel for Respondent No.6 : Asst. Solicitor General of India

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ORDER (ORAL)

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Dt: 05.07.2022

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(per Prashant Kumar Mishra, CJ)

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This writ petition in the nature of Public Interest Litigation has been preferred seeking issuance of a writ of mandamus declaring the failure of the respondents in taking preventive steps to stop illegal transport and slaughtering of animals in violation of the relevant Statute and Rules, for upcoming Bakrid festival in July 2022 (July 9^th -10^th ) as illegal, unconstitutional and consequently, direct the respondents to follow the guidelines issued by Animal Welfare Board, orders of Hon’ble

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Courts to take preventive steps like check points and wide publicity of legal position, to prevent illegal transport and slaughtering of animals in violation of relevant statute and rules for upcoming Bakrid festival in July 2022.

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Learned counsel for the petitioners has drawn our attention to the order passed by the Division Bench of High Court of Andhra Pradesh on 23.12.2005 in W.P. No.26505 of 2005, and the follow up measures taken by the Government of Andhra Pradesh by issuing a Notification in the form of advertisement in the year 2007. According to him, the State of Andhra Pradesh has failed to carry on its statutory duties by not implementing the provisions of the Andhra Pradesh Cow Slaughter Prohibition and Animal Preservation Act, 1977, the Transport of Animals Rules, 1978, Transport of Animals (Amendment) Rules 2001, and Slaughter House Rules 2001. He would submit that the State should take all possible preventive measures and, more particularly, when slaughtering of animals is much anticipated on certain occasions.

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Per contra, Mr V.Maheshwara Reddy, learned Government Pleader for Home would submit, on instructions, that the State Government is taking all such preventive steps as has been enjoined in law for proper implementation of Andhra Pradesh Cow Slaughter Prohibition and Animal Preservation Act, 1977 and the Transport of Animals Rules, 1978, Transport of Animals (Amendment) Rules 2001, Slaughter House Rules 2001. He would also submit that the directions issued by the Animal welfare Division, Government of India, on 22.01.2003 and the circular issued by the Director General of Police, Andhra Pradesh, on 27.03.2003 have also been followed. He would place before us a Circular Memo issued by the Director General of Police, Andhra Pradesh, on 04.07.2022 directing all the Commissioners of Police and Superintendents of Police to nominate Nodal Officers to deal with

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crime against animals and to implement Animal Welfare Laws in their jurisdiction.

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In the order passed by the Division Bench of Andhra Pradesh High Court in A.P. Jeeva Raksha Sangam (Regd.) R. Agaraharam, Guntur rep.by its Secretary and others v. The Chief Secretary, Government of Andhra Pradesh and another (dated 23.12.2005 in W.P. No.26505 of 2005) , it has been observed that in order to ensure that the people are made aware about the prohibition contained in the 1977 Act, the Department should publish the contents of Circulars issued from time to time once at least in three months and such publication be made in two leading newspapers, one in vernacular and one in English. The Circular Memo issued by the Director General of Police, Andhra Pradesh on 04.07.2022, is only about a direction to the Commissioners of Police and Superintendents of Police to appoint Nodal Officer of each to deal with crime against animals and to implement Animal Welfare Laws in their jurisdiction with a further direction to give wide publicity in the local news papers along with the telephone numbers of the Nodal Officers.

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Learned Government Pleader would submit that the State Government has taken steps through I & PR Department to give wide publicity of the appointment of Nodal Officers.

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It appears that the State Government has taken steps for implementation of the provisions of the Andhra Pradesh Cow Slaughter Prohibition and Animal Preservation Act, 1977 and the Transport of Animals Rules, 1978, Transport of Animals (Amendment) Rules 2001, Slaughter House Rules 2001. However, the issue concerning appointment of Nodal Officers has been left in the hands of

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Commissioners of Police and Superintendents of Police and we are not aware whether such appointments have been made or not.

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Therefore, we dispose of the writ petition (PIL) directing all the Commissioners of Police and Superintendents of Police in the State of Andhra Pradesh to appoint Nodal Officers, in terms of the Circular Memo dated 04.07.2022 issued by the Director General of Police, Andhra Pradesh, at the earliest, within a period of three days from today, and also to give wide publicity about such appointment by publication in two leading news papers, one in vernacular and one in English and the steps required to be taken for preventing slaughtering of animals under the provisions of the Andhra Pradesh Cow Slaughter Prohibition and Animal Preservation Act, 1977, the Transport of Animals Rules, 1978, Transport of Animals (Amendment) Rules 2001, and Slaughter House Rules 2001.

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