The Supreme Court recently stayed an order of the Bombay High Court directing the Pune Municipal Corporation (PMC) to reintroduce captured dogs in their original surroundings.
The HC had further directed the Yerwada Police Station to assist the PMC and noted that the act of releasing these dogs has the force of law. It is not open for the petitioner housing society to not abide by the Animal Birth Control (ABC) Rules, 2023, it had said.
The SC bench of Justice JK Maheshwari and Justice MM Sundresh issued a notice returnable in six weeks and said: “Until further orders, the operation of the impugned order shall remain stayed.”
Housing society approached SC
The housing society had contended before the Supreme Court that the HC had directed the PMC to forcibly release the stray dogs into the private premises of the society.
In its Special Leave Petition, the society submitted that the HC passed the order relying on the Animal Birth Control (ABC) Rules, 2023 in a writ petition filed by an individual seeking direction to the PMC to release the dogs.
The court had noted that the said rules provide for protection, care, maintenance and welfare within societies and housing areas for stray dogs.
Society's submission before court
The society submitted that in view of the order, it will have to shelter stray dogs, including those that are aggressive in nature and have attacked residents in the past, thereby putting their lives at risk. The society further submits that the court passed the orders on the plea by a person who is not even a resident of the society and had acted upon the information given by someone who was not made the party to the proceedings.
The society also stated that the petitioner before the HC had no knowledge about the ground realities / problems faced by its residents, and that the court ought not to have entertained the matter based on hearsay knowledge of facts by a person who is completely stranger to the cause.
