Karnataka High Court reserves order on ABC rules - The New Indian Express

Karnataka High Court reserves order on ABC rules

Published: 20th November 2012 11:22 AM

Last Updated: 20th November 2012 11:22 AM

The Karnataka High Court on Monday reserved the orders on a petition challenging a Rule 7 of the Animal Birth Control (ABC) Rules,  which prevents the authorities from discharging their duties under the Karnataka Municipal Corporation (KMC) Act.

One Krishna Bhat had filed a PIL challenging the rule.  During the hearing, the petitioner contended that according to the rule, stray dogs should be caught, vaccinated and left at the place from they were caught. It does not authorise officials to kill a ferocious dogs. However, dogs which have become a nuisance to society should be killed, he argued.

A  division bench headed by the Chief Justice Vikramajit Sen heard the case and reserved a judgment.

Lokayukta’s Appeal Dismissed: In a similar case, the court dismissed an appeal filed by Lokayukta challenging a single judge order dismissing its report on provisions of the ABC (Dogs) Rules 2009 stating that it is beyond its (Lokayukta’s) powers.

The Lokayukta, aggrieved by the order passed by the single Judge on December 14, 2006, had filed the appeal. It may be recalled that Lokayukta had filed a complaint based on one Dhananjaya of Stray Dog-Free Bangalore association.

He had complained about the alleged lack of action by the BBMP to eliminate the stray dog menace in the city. The Lokayukta then prepared a report on March 6, 2003.

The report had said that the Animal Birth Control ( Dogs) Rules 2001, referred as the ABC Rules, directed the BBMP to ensure the summary destruction of all stray and ownerless dogs of the city under the section 58(12) of the KMC Act 1976.

In the report submitted by the Lokayukta, certain observations came to be made against CUPA. These observations were challenged in a writ petition.

The court had set aside the observations made by the Lokayukta. Later, the Lokayukta filed the appeal before the division bench.

Govt Told to Inform Its Stand: During the hearing of another PIL filed by Jishnu, a five-year-old boy, a victim of stray dog bite, represented by his father R Gururaj, seeking a medical compensation of `5 lakh, Justice Sen directed the state government to inform its stand about paying the compensation.

Vishnu said that he was severely bitten by six stray dogs on July 6, 2010, at Yelahanka Newton and he had to get 20 stitches on his skull.

The government’s counsel submitted that it needs two weeks’ time to inform its stand on the issue.

The court later adjourned the matter.

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