SC slams states, UTs over delay in filing affidavits on stray dogs menace

The apex court directed the chief secretaries of the states, except West Bengal and Telangana, to remain present before it on November 3 to explain why compliance affidavits were not filed despite the court's August 22 order

Stray dogs: SC slams states and UTs for not filing affidavits, flags continuous incidents

Supreme Court of India. File Pic

The Supreme Court on Monday slammed the states and Union territories, which have not filed their compliance affidavits in the stray dogs case, and said continuous incidents were happening and the country was being "shown as down" in foreign nations.

The top court said except West Bengal, Telangana and the Municipal Corporation of Delhi (MCD), none of the other states and UTs have filed their compliance affidavits.

"It is October 27 today. No response, nothing. And continuous incidents are happening. Your country is being shown as down in foreign countries," a three-judge special bench comprising Justices Vikram Nath, Sandeep Mehta and N V Anjaria said.

It noted that pursuant to the August 22 order, only three compliance affidavits were filed.

"Notices have been issued to all the states and Union territories. As they have not responded, let the chief secretaries of all the states, other than... remain present before this court next Monday at 10.30 am along with their respective explanations as to why the compliance affidavits were not filed," it said.

The bench noted that during the hearing, there was no representation from states which have not filed their affidavits.

The top court was hearing a suo motu case relating to stray dogs.

On August 22, the apex court expanded the scope of the stray dogs case beyond the confines of Delhi-NCR, and directed that all states and UTs be made parties in the matter.

It directed the municipal authorities to file an affidavit of compliance with complete statistics of resources like dog pounds, veterinarians, dog-catching personnel, and specially-modified vehicles and cages available as on date for the purpose of compliance of the Animal Birth Control (ABC) Rules.

The bench also impleaded all the states and UTs in the matter while observing that application of ABC Rules was uniform all over India.

During the hearing on Monday, when one of the advocates referred to some guidelines, the bench said, "Let the authorities come and point that out."

It said notices were issued to all the states and UTs on August 22, and it was widely reported as well.

"Your officers don't read newspapers? They don't read social media? They want a formal notice to be issued to them? The order (of August 22) mentioned everything. Everyone has reported it that all states and Union territories are being issued notices. Don't come up with all these excuses," the bench said.

The top court said once the authorities were aware of the development, they should have come forward as it was a matter of public interest litigation.

It also questioned the Delhi government as to why it has not filed its compliance affidavit.

The bench said it would direct the chief secretary of Delhi to appear before it as the compliance affidavit was filed by the MCD, and not the Delhi government.

"Ask your chief secretary to remain present on November 3 along with an explanation as to why no compliance affidavit has been filed till today. You are in Delhi, the order was passed in Delhi and in your presence, and nothing has happened," the bench told the counsel appearing for Delhi government.

The counsel said Delhi government would file an affidavit before the next date of hearing.

"You ask him (chief secretary) to remain present. He may file it on that day, he may come up with an explanation also. Otherwise, cost will be imposed along with any other coercive measure as the court may deem fit," the bench observed.

When one of the lawyers referred to cruelty against stray dogs, the bench said, "What about the cruelty to humans?"

One of the advocates said the maintenance departments of high-rise societies in Delhi-NCR should be impleaded in the matter.

"Make some sensible suggestions. Give a suggestion which is practical and which can be accepted and reasonable. Don't give an absurd kind of a proposition in court," the bench said.

The top court also said that it was gradually and slowly monitoring the issue so that ultimately, the objective was achieved.

The bench said the chief secretaries should remain present before it on November 3 otherwise "we will hold the court in auditorium".

In its August 22 order, the top court modified its earlier direction prohibiting the release of vaccinated stray dogs from pounds in Delhi-NCR, calling it "too harsh", and ordered the canines be released post sterilisation and de-worming.

The bench had said that municipal authorities would continue to comply with its August 11 directions to pick up stray dogs from all localities in Delhi, Ghaziabad, Noida, Faridabad and Gurugram, and immediately create dog shelters or pounds.

It said the August 11 direction prohibiting the release of the picked up stray dogs shall be kept in abeyance for the time being.

It clarified that relocation should not apply to dogs infected with rabies or suspected to be infected with rabies and those displaying aggression.

A two-judge bench of the apex court on August 11 passed a slew of directions, including ordering the authorities in Delhi-NCR to start picking up stray dogs from all localities "at the earliest" and relocate the canines to dog shelters.

The suo motu case was initiated on July 28 over a media report on stray dog bites leading to rabies, particularly among children, in the national capital.

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