MADURAI: The Madurai Bench of the Madras High Court on Wednesday directed the state government to file a counter affidavit on a petition seeking a stay on the circular issued by the Director General of Police, imposing various conditions to grant permission to conduct bullock cart races.
'Tamil Nadu Param Pariya Veera Vilayattu Mattu Vandi Kaalaigal' State Welfare Association president M Kannan sought an interim stay of the circular as the DGP has no power to issue any conditions. Only the central and state governments are empowered to impose such conditions and frame rules as per sections 37 and 38 of the Prevention of Cruelty to Animals Act, 2016, the petitioner stated. Some of the conditions are arbitrary, impracticable and do not abide by the guidelines formulated by the Supreme Court.
The petitioner said that the top court did not impose restrictions to conduct the race on highways, but the circular states that the races should be conducted only on village roads or mud tracks laid on empty fields, which is unreasonable and impractical as nearly all roads in all villages have become state highways.
The circular also states that organisers have to obtain permission from the district administration and police fifteen days in advance, where the top court prescribed 10 days. Moreover, the conditions in the circular were not mentioned in the Tamil Nadu Prevention of Cruelty of Animals (Conduct of Jallikattu) Rules, 2017. Hence, the regulatory authorities cannot form new rules but only act in furtherance of the existing rules and policies of the government.
A division bench of Justices R Suresh Kumar and G Arul Murugan said that while some of the conditions could be accepted, others may not. Instead of staying the circular, the court directed that if any new applications seeking permission to conduct bullock cart, rekla or horse races are sought, the same shall be considered and decided based on the existing rules and conditions. The court adjourned the case to June 18.