The plea was mentioned before a bench headed by Chief Justice of India UU Lalit, who agreed to list the matter next week.
The petitioner has challenged the Bombay High Court order which issued a slew of directions and directed the civic officials and the police to take “stern action” against anyone obstructing them from acting against the menace of stray dogs.
The petition has been filed through advocate-on-record Surbhi Kapoor. The petitioner submitted that the directions issued by the High Court are inconsistent with the provisions of the Prevention of Cruelty to Animals Act, 1961.
The High Court has passed a blanket direction to the concerned authorities under Section 44 of the Maharashtra Police Act, 1951 to detain all stray community dogs wandering in the public streets.
“As far as the direction, in respect of Section 44 of the Maharashtra Police Act, 1951 are concerned, it is respectfully submitted that The aforesaid provision contemplates issuance of a public notice proclaiming that any stray dog found wandering in the street or in any public place maybe destroyed,” read the petition.
“The provision does not contemplate detention of dogs. Subclause (3) of Section 44 provides that a dog which has been detained may be destroyed or sold. A comprehensive reading of Section 44 makes it abundantly clear that the scheme of the said provision is to detain the dogs found to be wandering in the streets or in any public place in contravention of any public notice issued by the competent authority,” the petition said.
In October, the Bombay High Court’s Nagpur Bench ordered those interested in feeding dogs to “formally adopt” them while issuing a slew of directions regarding the feeding of stray dogs. The High Court had issued a slew of directions and directed the civic officials and the police to take “stern action” against anyone obstructing them from acting against the menace of stray dogs. The court has ordered people interested in feeding strays to first formally adopt them and only feed them inside their homes.
The High Court has directed no citizen and no resident of Nagpur and areas surrounding it shall feed or make any attempt to feed the stray dogs in public places, gardens etc and directed the Municipal Commissioner of Nagpur and Municipal Corporation to ensure that no such feeding at any place except own homes of such persons shall be undertaken.
The court also directed the Commissioner, Nagpur Municipal Corporation to ensure that, no feeding of street dogs takes place at any place except at the own place of the dog feeder or in the dog shelter homes or any other authorised place and to impose an appropriate penalty for any breach of these directions. (ANI)