Fir against Animal Activist

HC stays production of challan

12/08/2017

Jammu, Aug 11: In a significant order, Justice Sanjay Kumar Gupta of J&K High Court (Jammu Wing) has stayed the production of challan against Devinder Kour Madaan alias Rumpy Madaan against whom an FIR No. 96 of 2017 dated August 3, 2017 was registered at Police Station, Pacca Danga, Jammu. The court further directed that investigation shall go on, however, challan shall not be produced against he petitioner without prior permission of this Court
After hearing Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina, Irtiza Mushtaq and Supriya Chouhan appearing for the petitioner, Justice Sanjay Kumar Gupta issued notices to Principal Secretary (Home) J&K Govt., SHO Police Station, Pacca Danga, Jammu and Dr. Sagar Gadage, Incharge SPCA, Roop Nagar (near school for Blinds), Jammu. Senior AAG S.S Nanda accepted notices on behalf of Principal Secretary (Home) J&K Govt. and SHO Police Station Pacca Danga, Jammu. The court allowed two weeks' time to Senior AAG S.S Nanda to file reply in the matter.
Advocate S.S Ahmed with Advocate Irtiza Mushtaq appearing for the petitioner submitted that Dr. Sagar Gadage Incharge SPCA, Roop Nagar, Jammu on July 27, 2017 cooked a concocted story alleging assault by petitioner Devinder Kour Madaan on his workers at Panjtirthi Jammu and further alleged that the petitioner also stopped the vehicle meant for loading the dogs and unloaded all the dogs and thereafter beaten all his workers and also threatened that he and his workers should leave the state and stop the sterilization of stray dogs.
Advocate Ahmed further submitted that on this concocted story Police Station, Pacca Danga, Jammu lodged an FIR No. 96 of 2017 dated 3.8.2017 under section 323/341, 504/506 RPC against the petitioner.
During the course of arguments, Advocate S.S Ahmed submitted that petitioner Rumpy Madaan is Animal Welfare Officer appointed by Animal Welfare Board of India (Ministry of Environment and Forests), Govt. of India and the petitioner as per the nature of her job is required to take action with the help of the local enforcement authorities whenever there is any violation of any of the applicable animal protection laws.
Advocate S.S Ahmed drew the attention of the court towards the communications dated 27.3.2017, 1.5.2017 and 7.7.2017 written by Animal Welfare Board of India to the Commissioner JMC, Director Animal Husbandry Department, Jammu and the petitioner for a joint inspection of the ongoing sterilization of stray dogs being undertaken by Dr. Sagar Gadage on behalf of Nanded based NGO. Advocate Ahmed further submitted that the petitioner and other animal lovers of Jammu had lodged several complaints to the Animal Welfare Board of India about the non-professional and inhumane approach adopted by Dr. Sagar Gadage and his staff while carrying out sterilization programme.
Advocate S.S Ahmed further submitted that Dr. Gadage and his staff members on April, 05, 2017 had attacked the petitioner Rumpy Madaan when she had gone at SPCA, Roop Nagar, Jammu to check the sterilized dogs. The petitioner in view of the assault received massive injuries on her two fingers and her nails were broken. Advocate Ahmed further submitted that the petitioner reported in an injured condition to the Police Station Janipur, and she was referred vide MLC No. 2251 for medical examination at Govt. Hospital, Sarwal, Jammu.
Advocate Ahmed further submitted that till date no FIR has been registered against Dr. Sagar Gadage and his staff and on the other hand as a measure of counter blast and to silence the voice of the petitioner Dr. Sagar Gadage, Incharge SPCA, Roop Nagar, Jammu lodged a false/frivolous FIR against the petitioner at Police Station, Pacca Danga, Jammu projecting a highly absurd and improbable story of assault by the petitioner. He further submitted that the perusal of the FIR lodged against the petitioner itself shows that the same is malafide and actuated with oblique motives just to stop the petitioner from performing her duties as Animal Welfare Officer.
Advocate S.S Ahmed further submitted that it is unfortunate that the Police without verifying the actual facts straightaway lodged the FIR against an animal activist who is fighting for the cause of animals and is also instrumental in checking animal abuse in state of J&K.
After considering the heated arguments of Advocate S.S Ahmed, Justice Sanjay Kumar Gupta in a significant order stayed the production of challan against Devinder Kour Madaan alias Rumpy Madaan and the court further directed that investigation shall go on, however, challan shall not be produced against he petitioner without prior permission of this Court. JNF

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