The Delhi high court on Monday stayed for eight weeks its single judge order asking NDMC to remove stray dogs from the premises of the Delhi Golf Club and relocate them to another place.
The court asked the Animal Welfare Board of India to approach the Supreme Court, which is also seized of a similar matter, for clarification.
A bench of Chief Justice G. Rohini and Justice Jayant Nath said, “Parties are directed to approach the Supreme Court for any clarification. Meanwhile, the order of single judge is stayed for eight weeks.”
The court looking at the Supreme Court’s recent order in which it had restrained courts to pass any order on the issue, disposed of the plea.
On November 18, the apex court had asked all states and UT to follow Central rules, which will override. On November 20, the high court had said it will pass certain directions on the issue after it wondered how to deal with the problem of stray dogs in public and private properties as the rules said that canines have to be relocated at the same place after sterilisation and immunisation.
The court was hearing a plea filed by Animal Welfare Board of India, challenging the order of a single judge asking NDMC to remove stray dogs from the premises of the Delhi Golf Club within a month and relocate them elsewhere but not in the same property after sterilisation.
In a November 4 order, Justice Rajiv Sahai Endlaw had said that the NDMC couldn’t insist on releasing the stray dogs back in the private property of the club where they were picked up.
The Animal Welfare Board of India had challenged the November 4 order, saying that under the Animal Birth Control (Dogs) Rules, 2001 framed under the Prevention of Cruelty to Animals Act, the canines cannot be relocated in other areas.
The board had also told the court that the Supreme Court was seized of the matter and had recently said a “balance between compassion for animals and human lives” has to be struck.
Counsel for the board had said the apex court had allowed the elimination of only “irretrievably ill or mortally wounded” stray dogs in a “humane manner” and asked all states and Union Territories to go by the Central rules on the issue.
