IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
The Hon’ble Mr. Acting Chief Justice Jasbir Singh
The Hon’ble Mr. Justice Rakesh Kumar Jain
CWP No.8548 of 2012
Gauraksha Dal
v.
Union of India & Ors.
{Decided on 04/07/2012}
Prevention of Cruelty of Animals Act, 1960, Ss.21 & 22--Bullock Cart Race--Permission to hold race declined by Respondents by relying upon notification dated 11.7.2011 issued by Ministry of Environment and Forests--Restriction imposed under Section 22 to apply in respect of performing animals exhibited or trained for public view through sale of tickets and not otherwise--Notification not applicable to facts and circumstances of present case where events are being held for public entertainment without any sale of tickets--Performing Animals (Registration) Rules, 2001, R.2(h). (Paras 20 & 21)
Mr. Rakesh Kumar Jain, J.: - Three writ petitions bearing CWP No.8548 of 2012 titled as “Gauraksha Dal Vs. Union of India and others” [for short “first petition”], CWP No.8793 of 2012 titled as “Malwa Doaba Bulls Welfare Association (Registered) Vs. Union of India and others” [for short “second petition”] and CWP No.11088 of 2012 titled as “Rural Hult Race and Welfare Association (Registered) Vs. State of Punjab and others” [for short “third petition”] are being disposed of together as they involve adjudication of similar question of law and facts. However, the facts are being extracted from the first petition.
2. In all the three writ petitions, challenge is laid to the notification dated 11.07.2011 (Annexure P-3) issued by the Ministry of Environment and Forests, order dated 02.02.2012 (Annexure P-5) passed by the Deputy Director, Department of Animal Husbandry, Ludhiana and also to the order dated 10.02.2012 (Annexure P-6) passed by the Deputy Commissioner, Ludhiana. The petitioners have also sought mandamus seeking direction to the State of Punjab to allow Bullock Cart Race in the Rural Olympics which is held every year in the State as it does not amount to exhibition or training the bulls as performing animal.
3. The first petition is filed by the Society for protection of cows/bulls under the Punjab Prevention of Cow Slaughter Act, 1955 and claims to have 414 Gaushalas in all over the State of Punjab. Petitioners in the second and third petitions are the registered societies indulged in promotion of rural sports, which holds rural Olympics at village Kila Raipur, District Ludhiana, in which Bullock Cart Race is also regularly held.
4. Before filing all the aforesaid writ petitions, CWP No.2540 of 2012 titled as “Grewal Sports Association (Regd.) through its Secretary Paramjit Singh vs. The State of Punjab and others” was filed with a prayer to hold Bullock Cart Race in the Kila Raipur Sports Festival, which was scheduled to be held from 09.02.2012 to 12.02.2012, and to quash letter dated 08.02.2012 issued by Station House Office, Police Station Delon, Ludhiana and letter dated 02.02.2012 issued by Deputy Commissioner, Ludhiana, who had not granted permission to hold Bullock Cart Race in Kila Raipur Sports Festival on the basis of notification dated 11.07.2011 issued by the Government of India. The said writ petition was disposed of in limine on 10.02.2012 by a learned Single Bench of this Court, with the following order:
“The petitioner-Association is registered vide Registration No.22 of 1964-65 by the Registrar of Firms and Societies, Punjab. The petitioner has approached this Court under Articles 226/227 of the Constitution of India seeking a writ of mandamus for directions to the respondents to allow the petitioner Association to conduct Bull Cart Race in the ongoing Kila Raipur Sports Festival from 09.02.2012 to 12.02.2012.
2. As per the averments made in the petition, respondent No.6 is not allowing the aforesaid Bull Cart Race to be carried on during this festival as according to him the provisions of The Prevention of Cruelty to Animals Act, 1960 are involved therein. Learned counsel for the petitioner states that the said race has been taking place for last several decades.
3. After hearing learned counsel for the petitioner and perusing the petition, without expressing any opinion on the merits of the case, the writ petition is disposed of with a direction that, in case, the petitioner approaches respondent No.4-Deputy Commissioner, Ludhiana, by way of a representation, the Deputy Commissioner, Ludhiana, shall take a decision thereon today itself in accordance with law.”
5. In pursuance to the aforesaid order, a representation was made to the Deputy Commissioner, Ludhiana, which did not find favour with him as the same was declined on 10.02.2012 in view of the notification dated 11.07.2011.
6. Since second and third petitions were ordered to be heard along with the first petition vide order dated 10.05
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