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Orders Police, Customs to Halt Unauthorised Sale of Pets at Galiff Street
The has stepped in to curb the rampant illegal trade of birds, pets, and other animals at Galiff Street in North Kolkata, issuing a comprehensive set of directions to multiple enforcement agencies. On , a Division Bench comprising Chief Justice Ravindra Vithalrao Ghuge and Justice Arijit Banerjee ordered the , , and the , to take effective measures to stop the unauthorised sale and trading of wildlife, including of birds. The order came in a initiated by the court to address the smuggling and illegal trading of endangered birds.
Background of the PIL
The case, registered as (), was taken up by the court on its own motion following persistent reports of wildlife trafficking in the city. Galiff Street, a historic market area in North Kolkata, has long been a hub for the sale of pets, fish, plants, and birds, but concerns over the legality of these transactions have mounted over the years. During the hearing, Additional Advocate General informed the bench that every Sunday, the market allegedly sees the illegal sale of a wide variety of animals, from cats and amphibians to rare bird species.
Senior Counsel
, appearing in the matter, underscored the open secret of these activities, stating that the illegal operations at Galiff Street were
"known to one and all."
He urged the court to issue directions to bring the unauthorised trade to a halt, emphasizing the need for immediate and decisive action. The court took note of these submissions and proceeded to craft a robust enforcement framework.
Court's Directions and Observations
The Division Bench directed the Additional Advocate General to instruct the , particularly officers with jurisdiction over North Kolkata and Galiff Street, to ensure that no unauthorised trade or business activities are conducted at the market, beginning from the coming Sunday. The court specifically highlighted the issue of endangered bird species being traded, smuggled, or sold under permits allegedly issued by the . The bench observed that such activities would be prohibited even if they were ostensibly covered by municipal permits, as the protection of overrides local permissions.
The also assured the court that it would remain proactive and exercise its powers against prohibited activities within its jurisdiction, including the purported illegal sales at Galiff Street. This assurance was welcomed by the bench, which then extended the scope of its directions beyond just endangered birds.
Scope of Directions: Beyond Endangered Birds
In a significant expansion of the order, the court clarified that its directions apply to the unauthorised sale and trading of
"even Pets, Fish, Plants etc."
This broad language ensures that the crackdown covers all forms of illegal wildlife and pet trading, not merely the sale of
. The bench noted that the Galiff Street market had become a hotspot for such activities, and a comprehensive approach was necessary to dismantle the entire illegal supply chain.
The court also mandated that the directions would not be limited to Sundays. Recognising that illegal sales could shift to other days of the week to evade detection, the bench stated that the order would apply on any day when such unauthorised activities are conducted. This proactive stance is aimed at preventing the traders from simply moving their operations to a different day.
Implementation Measures: Plain Clothes Officers
To ensure effective implementation, the court directed the and the , to deploy officers in civil dress or disguise to visit such markets. These plain-clothes officers are tasked with tracing illegal trading, sale, or smuggling and initiating appropriate action against the perpetrators. This measure is designed to catch violators off guard and gather evidence without alerting them to the presence of enforcement agencies.
The use of disguise underscores the seriousness with which the court views the problem. It signals that mere presence of uniformed officers may not suffice, given the entrenched nature of the illegal trade at Galiff Street. By ordering covert operations, the bench has effectively empowered the authorities to conduct surprise inspections and collect evidence that can withstand legal scrutiny.
Pending Cases and
Separately, the court addressed the issue of delayed disposal of related cases pending before trial courts. The bench directed the to file a regarding these pending cases and the reasons for the delay in their disposal. This directive follows earlier orders passed in the matter on , , and , indicating that the court has been monitoring the progress of these cases for over two years.
The Registrar General has been asked to submit the report by , and the Additional Advocate General has also been directed to file an by the same date. The matter has been listed for further hearing on in the Urgent Hearing List. This timeline suggests that the court expects swift compliance and will review the steps taken by the authorities within a matter of weeks.
Legal Analysis and Implications
The 's order is a robust exercise of its jurisdiction under , aimed at protecting wildlife and upholding environmental laws. By directing multiple agencies—police, customs, and forest department—to work in tandem, the court has created a multi-pronged enforcement mechanism. The inclusion of plain-clothes operations is a strategic move that addresses the challenge of gathering evidence in a market where illegal activities are often conducted openly but with impunity.
For legal professionals, this judgment reinforces the principle that municipal permits cannot override wildlife protection laws, particularly the , and the , which prohibit the trade of . The court's broad interpretation—covering pets, fish, and plants—also highlights that the scope of such PILs can extend beyond the specific issue raised, provided there is a clear public interest.
The direction to monitor pending cases reflects the court's concern about judicial delays in wildlife-related prosecutions. By calling for a , the High Court is putting trial courts on notice, which could expedite the disposal of these cases and strengthen deterrence. This aspect of the order is particularly significant for criminal law practitioners handling wildlife offences.
Impact on Legal Practice and Enforcement
The judgment is likely to have a ripple effect beyond Galiff Street. Other markets in Kolkata and across West Bengal may come under similar scrutiny, as the court's directives are not confined to a single location. Enforcement agencies will now be expected to adopt a more proactive and covert approach to detect illegal wildlife trade. Lawyers advising clients in the pet trade or wildlife business must advise strict compliance with licensing requirements and the prohibition on .
Moreover, the order sets a precedent for other high courts to follow in PILs concerning environmental issues. The use of plain-clothes officers and the extension of directions to all days of the week are innovative measures that could be replicated in other jurisdictions. For the legal community, this judgment is a reminder of the courts' willingness to take administrative and supervisory steps to protect the environment, even without a formal petition.
Conclusion
The 's decisive intervention in the Galiff Street illegal pet trade case sends a clear message that wildlife trafficking will not be tolerated. By ordering a coordinated response from police, customs, and forest authorities, and by mandating covert inspections, the bench has laid down a comprehensive framework to dismantle the illegal market. The matter will be revisited in early October, and the legal community will be watching closely to see how the authorities implement these directions. For now, the court has set a high bar for environmental enforcement, blending legal oversight with practical policing measures to protect and uphold the .
