The Hyderabad High Court on Monday ordered the AP government not to allow cockfights during the Sankranti festival season and issued a series of directions to prevent them in West Godavari, East Godavari, Krishna, Guntur and Prakasam districts.
The court made it clear that district Collectors, police Superintendents and Commissioners concerned shall be held personally responsible for lapses, if any, on their part in ensuring the implementation of the provisions of the Prevention of Cruelty to Animal Act, 1960 and the AP Gaming Act 1974.
A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice A Shankar Narayana was disposing off two PILs seeking to direct the police to implement the provisions of the Acts and prevent the anti-social elements from organising fights with huge bets.
“We are constrained to issue certain directions as we are satisfied that the concerned officials are either unable or unwilling to ensure effective implementation of the law, and are indifferent to the plight of these cocks and roosters which undergo unnecessary pain and suffering during these cockfight events,” said the Bench.
The bench directed the State government to constitute Societies for Prevention of Cruelty to Animals (SPCA) under the 2001 Rules prescribed in the Act 1960 in all districts in any event not later than Jan 31, 2017.
The court ordered the district Collectors more particularly Collectors of the five districts to constitute joint inspection teams for each Mandal in their districts consisting of a sub-inspector, Tahsildar, and a representative of either the Animal Welfare Board of India or from an NGO working for the cause of animals or persons involved in the prevention of cruelty to animals.
The court told the Collectors that two police constables and a photographer shall assist each of these teams which shall be constituted on or before Jan 7, 2017 and these teams shall be provided necessary assistance by the district administration to tour all villages in their mandal, and identify playgrounds/cock-pits where such events were proposed to be held.
The court ruled that the officials concerned based on the reports of the inspection teams shall take immediate action to ensure that playgrounds were not utilised for conducting the fights, if need be, by exercising powers under Section 144 Cr.P.C.
The court ruled that the inspection team shall be entitled to enter any premises to seize cocks/roosters which are intended to be set up for the fights and to seize instruments and money intended to be used for the fights.
The court ruled that the officials shall be entitled to take disciplinary action against the erring Tahsildars and police officers for their failure to implement the provisions of the aforesaid Acts.
While directing the registry to list the case on Feb 6, 2017, the court ordered the Collectors and the SPs of the five districts to submit their individual action taken reports to prevent cock-fights and betting by Jan 31, 2017.
