Chief secretaries must appear physically in stray dogs case: Supreme Court

New Delhi: The Supreme Court Friday refused to exempt the chief secretaries of states and Union Territories from appearing before it physically November 3 in the stray dogs case, saying there was “no respect” for the court’s order.

The top court had directed the chief secretaries of all the states and UTs, except West Bengal and Telangana, to remain present before it on November 3 to explain why compliance affidavits were not filed despite the court’s August 22 order.

A bench of Justices Vikram Nath and Sandeep Mehta expressed displeasure over the non-compliance of its August 22 order and observed that by October 27, compliance affidavits were not filed by the states and UTs, except West Bengal, Telangana and the Municipal Corporation of Delhi (MCD). The court had asked states and UTs about the Animal Birth Control (ABC) Rules

Solicitor General Tushar Mehta mentioned the matter and urged the bench that the chief secretaries be allowed to appear before the court November 3 virtually.

“This is that dog menace matter. Because of our default, your lordships were constrained to call the chief secretaries. The only request is, instead of coming physically, can they appear virtually?” Mehta said.

Justice Nath said the chief secretaries would have to come physically to the court.

“It is very unfortunate that here the court is wasting time trying to deal with the problems which should have been addressed by the municipal corporations, by the state governments over the years,” Justice Nath said.

He said Parliament has framed the rules (ABC), but no action was taken.

“And when we require them to come and file a compliance affidavit, they are just sleeping over it. No respect for the order of the court. Then, alright, let them come. We will deal with them,” Justice Nath said.

The bench made clear that the chief secretaries would have to appear in the court and explain why no compliance affidavits were filed by the states and UTs.

Mehta said the compliance affidavits were filed in the matter.

The bench said when the matter was taken up for hearing October 27, compliance affidavits were filed only by West Bengal, Telangana and MCD.

“Let them (chief secretaries) come,” the bench said.

While hearing the stray dogs matter October 27, the top court had directed the chief secretaries to remain present before it November 3 to explain why compliance affidavits were not filed despite the court’s August 22 order.

The apex court had slammed the states and UTs, which had not filed their compliance affidavits in the stray dogs matter, and said continuous incidents were happening and the country was being “shown as down” in foreign nations.

August 22, the apex court expanded the scope of the stray dogs case beyond the confines of Delhi-National Capital Region, and directed that all states and UTs be made parties in the matter.

It had directed the municipal authorities to file an affidavit of compliance with complete statistics of resources like dog pounds, veterinarians, dog-catching personnel, and specially-modified vehicles and cages available as of the date for the purpose of compliance with the ABC Rules.

The bench had also impleaded the states and UTs in the matter while observing that the application of the ABC Rules was uniform all over India.

The apex court is hearing a suo motu case, which was initiated July 28 over a media report on stray dog bites leading to rabies, particularly among children, in the national capital.

October 30, the top court refused to accept the Bihar government’s request to exempt its chief secretary from appearing before it November 3 due to assembly elections in the state.

“There is an Election Commission which would take care. Don’t worry. Let the chief secretary come,” the bench had told the counsel appearing for Bihar.

Assembly elections in Bihar are scheduled November 6 and 11, and votes will be counted November 14.

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