The Supreme Court has agreed to hear a plea for framing guidelines on the process to be adopted by police at the time of seizure of birds and animals and prohibiting imposition of “inhumane” conditions of tagging and stamping them.
The petition came up for hearing before a vacation bench of justices A K Sikri and U U Lalit who said the matter will be heard after two months.
The PIL was filed by Pet Lovers Association in which senior advocate Salman Khurshid appeared along with another petitioner who has questioned the order of the Gujarat High Court.
However, the bench asked him and another lawyer Imitiaz Ahmed to withdraw the appeal since they were not party to it before the high court which had observed that “even the birds have fundamental right”. It also said that in the appeal, issues of general nature were raised.
It, however, said the other petition in which the issue of law has been raised will be heard after the vacation.
The PIL of the association, which deals in trade of exotic birds, said there is no standard of conduct or manner of keeping birds or animals for trade or as pet provided under the law.
It asked the court’s direction to the government to issue instructions to police officials of all the states, districts and police stations “not to illegally harass” its members who are carrying their trades in accordance with the law.
The plea sought direction to the government and Ministry of Environment and Forests “to frame guidelines for proper treatment and care of seized birds and animals pending disposal of the cases before the courts”.
The petition also sought action against some NGOs for allegedly “misappropriating and illegally retaining birds and animals lawfully belonging to pet lovers and pet shop owners”.
