SC seeks Centre’s response on plea challenging validity of rule on custody of animals

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New Delhi, March 10

The Supreme Court on Tuesday sought responses from the Centre and others on a plea challenging the validity of a rule which deals with custody of animals pending litigation. A bench of justices Vikram Nath and Sandeep Mehta agreed to hear the plea and issued notice to the Centre and others on it. The bench tagged the plea with a pending petition raising similar issue.

The plea has sought to declare rule 3 of the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017, as ultra vires the Prevention of Cruelty to Animals Act, 1960, particularly Section 29, and consequently strike it down as unconstitutional.

Section 29 of the 1960 act deals with the power of the court to deprive person convicted of ownership of animals. The plea has also sought to declare that pre-conviction confiscation, transfer or permanent deprivation of ownership of livestock authorised under rule 3 is unconstitutional, being violative of articles including 14 and 300A of the Constitution.

While Article 14 pertains to equality before law, Article 300A deals with persons not to be deprived of property save by authority of law.

PTI