Calcutta High Court: A Division bench comprising of T. S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., directed the veterinarians attached to the Government Institution to examine the horses which are now at rehabilitation under the aegis of the NGOs and if the horses are being found and certified to be fit, they shall be returned to the respective horse owners.
In the instant matter, a PIL was by the petitioners in 2021 with respect to the miserable condition of horses kept for carriage services near Victoria Memorial. The petitioners also raised the issue of keeping these horses after the expiry of the licence. The Court vide order dated 06-06-2023, directed the doctors/veterinarians attached to the Government Institution to examine the horses which are now at rehabilitation under the aegis of the NGOs and if the horses are being found and certified to be fit, they shall be returned to the respective horse owners. Aggrieved horse owners contended that the above-mentioned direction issued by this Court has not been complied with.
The Court directed the veterinarians attached to the Government Institution to examine and inspect the horses which are now under the caring custody of the NGOs and if in their opinion the horses are fit enough to resume their usual routine, the necessary certification be made and the horses can be arranged to be returned to the respective horse owners. The Court also directed to file the report pertaining to the above-mentioned directive in the next date of hearing, 05-09-2023.
[Cape Foundation v. State of W.B., 2023 SCC OnLine Cal 2294, order dated 08-08-2023]
Advocates who appeared in this case :
Mr. Biswanath Chatterjee, Mr. Sobhan Kumar Pathak ..for the Petitioners in WPA(P)/327/2021.
Mr. Abhrotosh Majumder, Mr. Soumen Mohanty, Mr. Ayan Poddar, Ms. Shrivalli Kajaria, Ms. Arunima Kedia ..for the Petitioner in WPA(P)/318/2021.
Mr. Amitesh Banerjee ..for the State. Mr. Srijan Nayak, Ms. Rituparna Maitra ..for KMC in WPA(P)/327/2021.
Mr. Brajesh Jha ..for the Union of India in WPA(P)/327/2021.
Mr. Alak Kumar Ghosh, Ms. Era Ghose ..for KMC in WPA(P)/318/2021.
Mr. Somnath Ghoshal, Mr. Subha Senapati ..for the Respondent No.8.
Mr. Aniruddha Chatterjee, Mr. Oishik Chatterjee ..for the Added Respondents.
Mr. Sabyasachi Chatterjee, Mr. Sandipan Das, Mr. Sayan Banerjee, Mr. Badrul Karim, Mr. Indranil Roy ..for the Intervenors.
