PETA INDIA  Vs ASIAD CIRCUS THROUGH ITS PROPRIETORS AND ORS.

W.P.(C) 6405/2018 Page 1 of 3$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 22ndJanuary, 2021
+ W.P.(C) 6405/2018 & CM APPL. 495/2021
PETA INDIA ….. Petitioner
Through: Dr. Aman Hingorani and Mr.
Himanshu Yadav, Advocates.
versus
ASIAD CIRCUS THROUGH: ITS PROPRIETORS AND
ORS. ….. Respondents
Through: Ms. Manisha T. Karia, Ms. Sukhda
Kalra, Mr. Adarsh Kumar and Ms.
Nidhi Nagpal, Advocates for R-4. (M:
9818002150).
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through video conferencing.
2. The present petition has been filed by PETA India through its Chief
Executive Officer seeking immediate seizure of the male hippopotamus who
is being illegally retained by Respondent No.1 i.e., the Asiad Circus
(hereinafter, “Circus”) , which is run by one Mr. Riyazuddin. The contention
of the Petitioner is that despite the license of the Circus having been cancelled,
Respondent No.1 continues to retain all the animals, including the
hippopotamus, in a completely illegal and unlawful manner.
3. Mr. Hingorani, ld. counsel submits that repeated orders have been
passed against Respondent No.1 and finally, vide order dated 24thFebruary,
2020, Respondent No.1 was directed to be personally present in Court as well.
Respondent No.1 has, however, despite repeated directions not filed an
2021:DHC:255W.P.(C) 6405/2018 Page 2 of 3affidavit disclosing the status and location of the hippopotamus, nor he is
present in the hearing today. There is also no representation on behalf of
Respondent No.1.
4. A perusal of the letter dated 12thDecember, 2017 which is issued by
the Director, Society for the Prevention of Cruelty to Animals, Delhi
(hereinafter ‘SPCA’ ) shows that the license for the Circus has already been
revoked and various directions have been issued. It is alleged that the Circus
is still making the animals perform illegally. The SPCA has therefore been
directed to register an FIR and also take action for seizure of the
hippopotamus. Insofar as the temporary housing of the hippopotamus is
concerned, the Ministry of Environment, Forest and Climate Change is stated
to have approved temporary housing of the hippopotamus in the National
Zoological Park, New Delhi.
5. Despite repeated orders of this Court and Respondent No.1 having been
served, he has not taken a position and has even failed to file a counter
affidavit in this matter. Only the rejoinder is on record.
6. Mr. Hingorani, ld. counsel submits that though the counter affidavit is
not on record, as per the copy served upon him, exemption has been sought
by Respondent No.1 on the ground that the animals are being used for
educational purposes under the Prevention of Cruelty to Animals Act, 1960.
Thus, he submits that there should be immediate directions issued for seizure
of the hippopotamus, which is in the illegal custody of Respondent No.1.
7. Considering the above facts and the fact that none appears for
Respondent No.1 till date, the following directions are issued:
i) The SPCA, Delhi is directed to immediately take steps for
seizure of the male hippopotamus from the custody of Respondent No.1
2021:DHC:255W.P.(C) 6405/2018 Page 3 of 3or any other person who may have custody of the said animal. Security
shall be provided by the Delhi Police or any other local police, for the
said purposes. Copy of this order shall act as a notice to the
Commissioner concerned as also the local police of the concerned area
who shall cooperate with the officials of the SPCA;
ii) Let non-bailable warrants be issued against Respondent No.1-
Mr. Riyazuddin (Address: NG 2/21, ADA Colony, Jajmau, Kanpur,
Uttar Pradesh and C-389, Rose Apartments, Sector-14, Prashant Vihar,
Rohini, Delhi-110085) to ensure his appearance on the next date of
hearing.
iii) Registry to also give court notice to the ld. counsels appearing
for Respondent No.1, whose vakalatnama has been placed on record.
8. SPCA, Delhi to file an action taken report before this Court. The
hippopotamus, if seized, shall be placed in the Delhi Zoo in terms of the office
memorandum dated 7thDecember, 2017 passed by the Ministry of
Environment, Forest and Climate Change.
9. If there is any difficulty in transportation of the hippopotamus, the
animal shall be placed in the local Zoo of the area where the seizure of the
animal takes place. Wherever the animal is placed, the Zoo authority
concerned shall take adequate care of the animal till further orders of this
Court.
10. List on 15thApril, 2021.
PRATHIBA M. SINGH
JUDGE
JANUARY 22, 2021/ Rahul/T
2021:DHC:255