3-judge SC bench to hear stray dogs case

Chief Justice of India (CJI) Bhushan R Gavai on Wednesday withdrew the suo motu case on stray dogs from the bench of justices JB Pardiwala and R Mahadevan, which had two days ago directed civic authorities in Delhi-NCR to capture and keep such canines in shelters, and reassigned it to a fresh three-judge bench.

- Utkarsh Anand

The new bench, led by Justice Vikram Nath, will take up the matter on Thursday.

The administrative intervention and the reassignment of the matter marked an extraordinary step by the CJI that came amid mounting concerns from animal rights groups and other stakeholders over the directions of the Justice Pardiwala bench.

The development came on the same day the bench released its detailed written order that expanded the oral directions delivered on August 11 and spelled out welfare, staffing, record-keeping and adoption safeguards that must govern the capture and sheltering of stray animals across Delhi-NCR.

The reassignment of the case came after advocate Nanita Sharma, appearing for NGO Conference for Human Rights (India), told the CJI on Wednesday morning that the Pardiwala bench directions appeared to be in conflict with a 2024 judgment by the Supreme Court, which had barred indiscriminate killing of community dogs and required compliance with the Prevention of Cruelty to Animals Act, 1960, and the Animal Birth Control (ABC Rules).

Sharma referenced the Supreme Court's May 9, 2024 order, in which a two-judge bench closed a long-pending batch of petitions on stray dog management and the interplay between the 1960 Act, ABC Rules, and state municipal laws.

This order asserted that "there cannot be any indiscriminate killings of canines" and that authorities must act in the "mandate and spirit" of prevailing legislation.

CJI Gavai responded: "But the other bench has already passed orders," before assuring, "I will look into this."