People for Animals (PFA) Haryana www.pfaharyana.in International Organisation for Animal Protection OIPA in India www.oipa.

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IN THE HIGH COURT OF JUDIC ATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION (LODGING) NO. 57 OF 2012 IN PUBLIC INTEREST LITIGATION (LODGING) NO.28 OF 2012

Khed Taluka Chalak Malak Sangh and others. Versus Smt. Gargi Gagoi and others.

... Petitioners ... Respondents

Mr. P.B. Shah i/by Mr.Vivek Salun khe for the petitioners. Mr.A.V.Anturkar for responde nt No.1. Mr.G.W.Mat tos, Ass istant Go vernment Pleader for respondent Nos.2 and 3. CORAM : MOHIT S. SHAH, C. J. & RANJIT MORE, J. Mon da y, November 26, 2012 P.C.

This petition

is filed by Khed Taluka Chalak Malak

Sangh and others and other privat e parties for review of our judgm ent date d 12 Ma rch 2012. By the said judgm ent, we allowe d PIL (Lodging) No.28 of 2012 and qua shed and set aside the corrigendum issued by the State of Maharashtra on 12 September 2011 and directed the respondentauthorities to forthwith direct all the District Coll ectors as well as the Su pe rintende nt of Police through out in the State of Maharashtra to stop the Bull ock Cart races, irrespective of whether the Bullocks/B ull are castrated or not castrated.

2. 11(1)(a)

The judgm ent was based on the provisions of Section of the Prevention of Cruelty to Animals Act, 1960

(hereinafter referred to as the 'Act') and the Go vernment of India 1 of 4

notification da ted 11 July 2011 and Governm ent of Maharashtra notification da ted 24 August 2011. By the Go vernm ent of India notification da ted 11 July 2011, issued under section 22(2) of the Act, bulls amon gst other animals are not to be exhi bited or train ed as performing animals. By the Government of Maharashtra notification da ted 24 August 2011, a ban is imposed on bullo ck cart races/ rainin g/exhibition/games in the State of Maharashtra. t Thereafter, by Go vernment of Maharashtra notification dated 12 Septembe r 2011, the previous notification da ted 24 August 2011 was amended to provide that the notification date d 11 July 2011 of Go vernment of India ban on use of saand (Bulls) should be read as Walu/s and non castrated bulls.

3.

This Cou rt allowe d the PIL and held that there was no the part of the Go vernment of Maharashtra in This Cou rt held that all

justification on

confining ban to noncastrated bulls.

bulls, whether castrated or noncastrated belon ged to the same cate gory and it is not open to Go vernm ent of Maharashtra to pe rmit castrated bulls to be exhi bited for bullockcart races.

4.

In the prese nt review petition,

the review petition ers

have submitted that bull ockcart races have be en permitted to be organi sed by the judgm ent of the Madras High Court in Muniasamythevar v. The Deputy Superintendent of K.

Police,

Keelakkarai and another, decided on 9 March 2007 and the said orde r has been permittedto operate , subject to certain

mo difications

but bullockcart race has been permitted to be

organi sed by the Su preme Court orde r da ted 15 January 2008 in IA No.15 of 2008 filed in Special Leave Petition of Ani mal Welfare Board of India.

2 of 4

5.

As far as the aforesaid or de rs are concerned, the said

orders were passed before issuance of the Go vernment of India notification da ted 11 July 2011 and Governm ent of Maharashtra notification da ted 24 August 2011. Hence our judgm ent rendered on 12 March 2012 is not required to be reviewed on the basis of aforesaid orde rs of the Madras High Court. Court and the Su preme

6.

The petition ers have then relied upon the judgm ent

date d 4 Ju ly 2012 of the Punjab and Haryana High Court in Gauraksha Dal v. Union of India and ors. (CWP No. 8548 of 2012). It is submitted that the said High Court has held that the bullo ck cart race cann ot be treate d as an exhibition within the meaning of section 22(1) of the Act wh ere the performance race is wi thout any sale of tickets.

7.

The Punjab and Haryana High Court was, however,

not requir ed to de al with any such notification da ted 24 August 2011 of the Government of Maharashtra as Government of Punjab has not issued any su ch notification. Maharashtra notification da ted imposed on the bull ockcart race. 24 By Go vernment 2011, the ban of is August

8.

The learned coun sel for the petitio ners submits that

bullockcart race is a means of entertainm ent for the village people for the last several centuries an d, therefore, the review petition be allowed.

9.

The

prayer

is contr ary of Maharashtra

to

the 24 12 was

Governm ent March 2012.

notification date d

August 2011 as well as our judgment da ted Moreover, wh at

entertainment in the pa st wh en there were no other means of 3 of 4

entertainm ent

like

cinemas

and

TV, need not

necessarily be

continued wh en what some people con sidered as entertainm ent would be cruelty under sec tion 11 of the Prevention of Cruelty to Animals Act, 1960 .

10. petition.

We are, therefore, not inclin ed to entertain the review However, Mr. Mat tos, learned Ass istant Government

Pleader has submitted that the Government of Maharashtra would like to support the review petitioners and reconside r the matter.

11.

As

on

today,

the

Government

of

Maharashtra

notification da ted 24 August 2011 is ho lding the field and merely because an affidavit is filed by the Unde r Secretary of the State of Maharashtra to the effect that bullockcart races may be all owed subject to certain condition s, can be no ground judgment dated 12 March 2012. for reviewing our

12.

Review petition is, therefore, dismissed.

CHIEF JUSTICE RANJEET MORE, J.