Delhi high court on 16th April stayed the FOR against Ambika Shukla (an animal rights activist) even after her illegal task of handling over three Persian cats that were rescued. She gave handled over those cats to another person even after the order of a trial court to handle those cats to their real owner.
A notice was issued by Justice Suresh Kumar Kait to Delhi police which asked Delhi police to lodge a status report within three weeks on a petition issued by Sister of BJP MP Maneka Gandhi, Ambika Shukla seeking two orders of the trial court and the prior actions initiated towards her.
High court Judge said, “Till further orders, I hereby stay the registration of FIR against the petitioner (Shukla),”.
High court asked the concerned police Deputy Commissioner to submit a report according to the 13th April direction of the magistrate and after that at least one week before the date of Hearing in High court i.e. 12th July.
Vijay Aggarwal Advocate, who is representing Shukla, told the high court that on Thursday evening all the animals except 3 cats were handed over to IO and further added that the accusation of three cats have died is false.
Later Highcourt questioned the petitioner about the act of giving the property of court i.e those three cats to some other unauthorized person.
Agarwal also said that those two cats are still alive and the police can find them by visiting the house of the woman to whom the cats were given, maybe now she is refusing to return them because she must have formed a bond with them.
He also added that the petitioner is old and weak and is not in the condition to visit court for bail amid Covid 19 pandemic.
On 30th March, an FIR was lodged at Moti Nagar police station against a pet shop owner where 30 animals including 15mice, 6persian cats, 8 Hamster, and one love Bird was rescued from the trap of Javed khan, the pet shop owner, and those animals were later sent to Sanjay Gandhi Animal Care center (SGACC).
Shukla’s petitioners Barkha Rastogi and Hardik Sharma said a long-time supporter of SGACC Sumedha Chopra learned about animals being trapped by Javed Khan, she contacted the petitioner and asked for giving her permission for fostering the cats.
However, she took the cats without even completing the paperwork, alleged by a plea.
When the pet shop owner reached the coat to release the animals on superdari, he was granted permission by the Investigating officer (IO) and directed to release the animals, it said.
When the IO approached SGACC only 27 animals were there and 3 Persian cats were missing, which were given to another woman. When the khan saw 3 of his cats missing, he approached the trial court seeking contempt of court action against SGACC and the magistrate sought the appearance of Shukla.
On the 4th of April, Shukla filed a complaint with the DCP west for the missing of 3 Persian cats that we not handed over to SGACC by Chopra.
On April 12th, Shukla appeared at a virtual meeting and explained the cause of the delay in releasing the animals.
On the very next day, the Magistrate passed an order to SHO, Moti Nagar police station to lodge an FIR against the petitioner and officials of SGACC to investigate the alleged offenses conducted by them and to file a compliance report on April 28.
The trial court said that prima facie ingredients of offenses under the Prevention of Cruelty to Animals Act and the Indian Penal Code (IPC) including disobedience of order by a public servant, causing vanish of evidence of offenses, giving false information, and punishment for criminal breach of trust are made.
By keeping in mind the abuse of law provisions by officials of SGACC, the concerned DCP was advised to ensure that a copy of this order is served upon by AWB, through the commissioner of police or other senior officials of police, to take the cognizance of SGACC activities for taking the action under the relevant rules and acts.
After receiving it, it is to be filed by the Concerned DCP before the trial court of April 28.
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