The Orissa High Court has taken cognizance of the plea against granting custody of the cattle to the owner who blatantly violated all animal transportation rules.
Dhyan Foundation
The court was hearing the plea of Dhyan Foundation, challenging the revisional court’s order which released the seized cattle to the accused owner despite evidence of fake ownership documentation and cruelty.
Dhyan Foundation had rescued cattle that were illegally transported and subjected to inhumane treatment, mercilessly tied and stuffed without any provision of food and water, flouting all transport rules, in 1978.
The Judge
Justice Sibo Shankar Mishra reversed the trial court’s decision of November 1, 2023, and remanded the matter back to the same court, stating that the revisional court failed to consider the crime committed by the owner in faking the ownership of the cattle and inflicting cruelty towards animals.
The Court set aside the order of the District and Sessions Judge and remanded the matter back to the same Court to decide the revision petition afresh.
Observing the miserable condition of the cattle, the local police handed them over to DF for their immediate care, protection, and maintenance.
However, no health inspection and marking of cattle were conducted.
The owner’s plea was rejected by the Judicial Magistrate, which he had taken from the District and Sessions Judge, Mayurbhanj Baripada, who passed the decision in his favor, blatantly ignoring the fake documents and cruelty to animals.
The High Court criticized the decision of the Revisional Court and directed the case back to them for petition revision.
Senior Advocate Siddharth Luthra left no stone unturned to prove his point with the facts and the law by his side, succeeding in preventing the cattle from going to the accused.
It’s a matter of serious concern that certain lower court judges are completely ignoring the provisions of law and issuing impugned orders in favor of cattle traffickers. Justice Mishra’s order is a wake-up call to all.
Dhyan Foundation (DF) is a Non-governmental organization (NGO) that has been working for several years to save cattle from illegal slaughter.
The above-mentioned organization has also stood with the Border Security Force (BSF) in providing shelter and taking care of seized cattle at the borders by BSF.
Presently, DF is taking care of more than 80,000 cattle in its over 47 gaushalas across the country.
