Release of animals to the proprietor “cannot be considered” throughout pendency of trial, says Gauhati High Court
The Gauhati High Court has stated an order pertaining to seized cattle by the court docket of a sub-divisional judicial Justice of the Peace in north-eastern Assam’s Biswanath district had “crept into blatant illegality”.
Disposing of a petition by Dhyan Foundation, an NGO tasked with rescuing cows from cattle smugglers in Assam since November 2019, the GHC found that the native court’s order permitting possession of 26 of 116 seized cattle to one Md. Babul Hussain “de hors the provision” of the Prevention of Cruelty to Animals Act, 1960.
(De hors means “out of agreement” or “foreign to” one thing in dialogue.)
“Such an order of the learned court… crept into blatant illegality,” High Court Judge Rumi Kumari Phukan noticed, including that the discharge of the animals to the proprietor “cannot be considered” through the pendency of the trial.
The High Court additionally noticed that the Biswanath court docket had in a July 20 order granted interim custody of the seized cattle to the NGO however had allowed custody of 26 cows to Mr. Hussain by means of an order on September four with the “condition for making payment to the petitioner-foundation towards the cost of maintenance of the cows”.
The High Court in its order on September 23 stated the (Biswanath) court docket “cannot pass such subsequent orders, which amounts to review of its own order(s), that too without giving any opportunity to the earlier zimmadar [NGO]) of being heard”.
The personnel of the Gingia police station in Biswanath district had on July 15 seized 118 cattle that have been being transported from Gohpur to Biswanath Chariali city in 4 tarpaulin-covered vehicles. A case was registered after the police booked the drivers and helpers for unlawful trafficking of animals.
A neighborhood court docket granted interim custody of 116 cattle — two cows had died through the official course of — to Dhyan Foundation on the idea of a proper letter issued by the Deputy Commissioner involved. The cattle have been stored in its gaushala (cow shelter) at Halem within the district.
A spokesperson of the NGO stated it has rehabilitated greater than 3,500 cattle rescued by the Border Security Force from smugglers alongside the India-Bangladesh border. Apart from the one at Halem, it runs cow shelters in Goalpara and Dhubri, each in western Assam.