DB directs SMC to file affidavit within one weeks

01/12/2022

Jammu, Nov 30: In a Public Interest Litigation (PIL) about the menace of dog bites particularly, those having rabies, A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice Ali Mohammad Magrey and Justice Puneet Gupta, today directed commissioner Srinagar Municipal Corporation to file affidavit within weeks.
When the PIL Came-up for hearing, DB observed that Petitioners-Mohammad Rafeeq Rather and Mohammad Raza who are representing Centre for Public Interest Litigation and Legal Aid Centre, University of Kashmir, are present in person and in terms of order passed on 08.07.2022, the Court while noticing the concern highlighted by the petitioners pertaining to the menace of dog bits, particularly those having rabies with details collected from different sources that only 90,000/- of stray dogs are roaming in Srinagar City only and have also made reference to instances about the death of some minor children attacked by stray dogs at different places in and around Srinagar City, directions were passed to Commissioner, Srinagar Munic-ipal Corporation and Principal Secretary to Government, Health and Medical Education Depart-ment, which being relevant are extracted below:
Commissioner, Srinagar Mun-icipal Corporation, shall submit the details of number of stray dogs available in the City of Srinagar. While submitting such numbers, it shall be reported as to what steps are taken about the aspect of creation of awareness with regard to dog bites and anti-rabies management. Commi-ssioner, Srinagar Municipal Corporation, shall submit the details about the issue of animal birth control and setting up of Anti-rabies Centres. He shall submit the action plan of the Corporation for containing the menace of stray dogs and particularly dog bites as also the spread of rabies. It shall be indicated in the status report as to whether public advisories have been issued in Print and Electronic Media, indicating the Do's and Don'ts, in order to avoid dog bites.
Commissioner, SMC, shall mention number of available animal birth control and Ant-rabies Centres and how many sterilization are undertaken on each working day. He shall also submit the action plan about the setting up of animal birth control & Anti-rabies Centres. The Commissioner, SMC, shall ensure that the produce of energy rich garbage is controlled mainly contributed by the poultry waste which is energy rich.
Principal Secretary to the Government, Health and Medical Education Department is directed to file an affidavit, indicating the availability of Anti-rabies vaccines and human rabies immunoglobulin injections in all the dispensaries and hospitals throughout the Union Territory of Jammu and Kashmir. Respondents shall also indicate the steps taken for dealing with the complaints filed by the various persons/social activists/ victims about the dog bites.
DB observed that affidavit is filed on behalf of Deputy Secretary to Government, Health and Medical Education Department, in terms whereof information is supplied regarding availability of anti-rabies vaccines and Human Rabies Immunoglobulin Injection in the dispensaries and hospitals of the Union Territory of Jammu and Kashmir. Copy of affidavit filed on behalf of Deputy Secretary to Government, Health and Medical Education Department has not been furnished to the petitioners.
During the course of hearing Moomin Khan, counsel for Respo-ndent No. 2 enters appearance and seeks some time to file an affidavit on behalf of Commissioner, Srinagar Municipal Corporation. DB directed that the needful be done within one week, with copy advance to the other side, who shall file response to the same by or before next date of hearing. JNF

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