[Camel Trafficking] Allahabad High Court directs Varanasi court to decide revision plea against camels' transfer order by September 30

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Synopsis

The camels were seized by Ramnagar Police in June this year when they were allegedly being trafficked to West Bengal. The animals were kept in Ramnagar Police Station till August 20 before their alleged distribution to local people. 

The Allahabad High Court has directed the Sessions Judge, Varanasi to decide the Criminal Revision plea moved by the State authorities against the order for shifting of 16 camels, which were allegedly being trafficked to West Bengal for slaughtering.

The bench of Chief Justice Rajesh Bindal and Justice JJ Munir has asked the local court to decide the revision plea as expeditiously as possible, preferably by September 30, 2022.

The order has come in a Public Interest Litigation (PIL) plea filed by a charitable organisation, Gau Gyan Foundation through Advocates Saurabh Tiwari & Amitabh Trivedi. 

The PIL was filed primarily seeking direction to the District Magistrate, Varanasi to make proper arrangements for transportation of the camels from Varanasi to Rajasthan contending that the climate in Varanasi is adverse for the animals.

The plea filed by the foundation through its authorised representative Ankur Sharma stated that the District Magistrate, Varanasi & local Police is acting arbitrarily and against the orders of the Additional Chief Judicial Magistrate & Sessions Judge, who had ordered them to make arrangments for the transportation of the camels to People for Animals Care Shelter and Veterinary Hospital, Sirohi, Rajasthan.

It was petitioner's allegation that despite the directions of the court of ACJM to the District Magistrate to make proper arrangements for transportation of the camels, he refused to comply with the order stating that there is no government scheme for shifting of the animals & state government does not provide a budget for such type of thing.

Apart from that, against the order of the ACJM, a revision plea was also moved by the State authorities before the Sessions court, Varanasi stating that since there is no provision of funds for animals' transportation therefore till the disposal of the alleged trafficking case, they will arrange facilities for keeping the camels in Varanasi. 

However, the petitioner foundation moved the high court filing a PIL seeking immediate intervention to protect lives of camels that are stranded in Varanasi since June 27, 2022. 

Advocate Saurabh Tiwari apprised the Chief Justice led bench that till the filing of the PIL, one out of the 16 camels had died, however, by August 30, 2 camels were reported dead.

At the outset, court said that a PIL cannot be entertained if the subject matter subjudice. However, making an exception in the present case, court opined that the PIL petition could be disposed of with a direction for early disposal of the pending proceedings before the Sessions court, Varanasi. 

A First Information Report was lodged by one Mrs. R Lata Devi authorised representative of Gau Gyan Foundation on June 27th with Ram Nagar Police, Varanasi under section 11 of “The Prevention of Cruelty To Animals Act, 1960 and section 279 of the Indian Penal Code when she got specific information about illegal trafficking & transportation of camels for slaughtering from Rajasthan to Calcutta via Varanasi-Chandauli highway (NH-2).

Thereafter, police authorities stopped the vehicle which was carrying the animals and found 16 camels in very inhuman and brutal condition. The camels were then seized by Ramnagar Police and were kept in the Ramnagar Police Station till August 20 before their distribution to local people. 

Case Title: Gau Gyan Foundation v. State of U.P. and Ors.