Punjab Newsline | Chandigarh
The Punjab and Haryana High Court has made strong observations against cruel and unlawful practices like illegal dog fighting, emphasizing that any citizen not just the victim has the right to register an FIR in cognizable offenses.
A Division Bench comprising Chief Justice Sheel Nagu and Justice Sanjeev Berry issued the order while hearing a Public Interest Litigation (PIL) filed by Bharti Ramchandran.
Key Observations by the Court
- The Court clarified that in cases of cognizable offenses, police are legally bound to register an FIR.
- If authorities fail to act, citizens can seek remedies under the Bharatiya Nagarik Suraksha Sanhita, 2023.
- The Bench stressed that the issue is not lack of laws, but weak implementation.
What the Law Says
- Under the Prevention of Cruelty to Animals Act, 1960:
- Section 11(1): Acts like beating, torturing, or causing unnecessary pain to animals are punishable.
- Section 31: Organizing or promoting animal fights is a cognizable offense.
State’s Response
The State government informed the Court that:
- A Society for the Prevention of Cruelty to Animals (SPCA) is operational in every district.
- These bodies are headed by Deputy Commissioners and are empowered to take action under existing laws.
Based on this, the Court held that the demand for setting up an independent investigative agency was unnecessary (otiose).
Court’s Final Stand
The High Court disposed of the petition, stating:
- Existing legal framework is sufficient
- Strict implementation is the real need
- Both citizens and authorities must take responsibility to curb such illegal activities.