Delhi High Court on Tuesday transferred to itself several petitions challenging the Centre's ban on the sale and breeding of 23 breeds of ferocious dogs.
A division bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora observed that these are 'very ferocious dogs' and they are 'hounding upon children'.
The court said once the division bench is seized of the matter, all other similar petitions pending before single judges shall also come to it and heard together.
'Once the division bench is seized of the matter, all such cases should come here. In fact, all single judges must send their related matters here. We will summon the case files here. You file an impleadment application in the other pending PIL and we will hear you. We can't have so many PILs on this,' the bench said and added that 'multiple petitions on the same issue would only create complications and delay the disposal of the matter'.
The Pet Lovers' Association challenged the Centre's March 12 notification on the ground that the ban has been imposed on 23 dog breeds without consulting or inviting objections and suggestions from stakeholders.
To this, the bench said, 'Every dog lover or dog owner or association cannot be made a party and heard, that is impossible.' 'This has happened on our directions. It can't be that we direct the central government to examine and then we say the central government can't pass such an order. We will see and examine it,' it further said.
The division bench said it has already issued notice on a similar PIL and disposed of the current petition, granting liberty to the petitioner organisation to file an impleadment or intervention application in that matter.
The bench also transferred to itself the petitions pending before single judges on the same issue and listed the matter for hearing on April 9.
On March 12, the Centre directed states to ban the sale and breeding of 23 breeds of ferocious dogs, including Pitbull Terriers, American Bulldog, Rottweilers and Mastiffs, amid rising instances of pet dog attacks.
The directive issued to states and Union Territories bars people from keeping these 23 breeds of dogs as pets.
In a letter to chief secretaries of all states and Union Territories dated March 12, the Union government's Department of Animal Husbandry and Dairying also said these breeds of dogs already been kept as pets should be sterilised to prevent further breeding.
On April 1, a single judge of the high court sought the stand of the Centre on a petition by a professional dog breeder and a doctor, who was an 'enthusiast of a special category dogs'. It the petition, they alleged that the ban on the sale and breeding of these 23 breeds was arbitrary and violative of the Constitution.
The plea claimed no studies were conducted to conclude that the breeds were 'ferocious' and ought to be banned and that the direction violated one's right to practise any profession, trade or business, guaranteed under the Constitution. PTI SKV SKV SZM
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