The Supreme Court observed on Monday that the High Court was not justified in passing its December 29 order banning cockfights on the basis of a GO, which was not even produced in the court.
A three-judge Bench led by Chief Justice of India H.L. Dattu passed the order while hearing a special leave petition (SLP) filed by social worker K. Raghurama Raju and lawyer Chandra Sekhar Azad, challenging an Hyderabad High Court order on the question of permitting cockfights during the festival.
The High Court had, on December 29, 2014, simply disposed off the matter after it was informed that the State government had already instructed district police chiefs “to take action with regard to organising cockfights with betting, sale of illicit liquor, gambling and subjecting animals and birds to cruelty during the Sankranti festival”.
In the Supreme Court, the State government was, however, unable to produce evidence of any such instructions passed on to its police chiefs despite being given an opportunity to do so. Noting the State government’s inability, the Supreme Court on Monday went ahead and set aside the HC order.
Senior advocate Anand Grover, appearing for the State government, sought a clarification from the court. He submitted that the Bench should clarify that setting aside of the HC order did not necessarily mean that cockfights could resume. The Bench agreed with Mr. Grover that the law, as it stands under Section 11 of the Prevention of Cruelty to Animals Act, 1960, bans animal fighting of any kind.
Besides, Bench also discussed the fact that High Court’s attention was not drawn to the Supreme Court judgment in Animal Welfare Board versus A. Nagaraja of May 7, 2014, which banned jallikattu (bull fights).This apex court judgment, by a Bench led by Justice K.S. Radhakrishnan, had reiterated that animal fights certainly come under the definition of cruelty.
“Being dumb and helpless, they suffer in silence,” the Justice Radhakrishnan Bench had observed in the jallikkattu case. Mr. Grover suggested that status quo in law as regards the relevant provision of the 1960 Act and the SC judgment of 2014 should continue until the HC decides on the legality of cockfights. Agreeing with Mr. Grover, Chief Justice Dattu ordered status quo. This means that there would be no cockfights in the State until the Hyderabad High Court decides on the petition in the light of the relevant provision of the 1960 Act and the Supreme Court judgment of 2014.The SLP had described how cockfights were an inseparable part of village life in rural parts of Andhra Pradesh.