IN THE COURT OF LD. C.J.M, PANIPAT ----------- Naresh Kumar Kadyan son of Sh. Om Parkash Kadyan, Chairman P.F.A Haryana, representing OIPA in India, r/o C-38, Rose Apartment, Sector 14, Rohini, Parshant Vihar, Delhi-110085. ….Complainant Versus 1. Ajay Shankar, 2. Ashok Shankar, 3. Jumbo Circus through its partner Ajay Shankar and Sh. Ashok Shankar, HUDA Ground, Circus sec13-17, Panipat. ….Accused COMPLAINT U/S 3, 11, 38 OF THE PREVENTION OF CRUELTY TO ANIMAL ACT, 1960 READ WITH WILD LIFE PROTECTION ACT, 1972 AND 420/ 120 B OF THE INDIAN PENAL CODE. --------------- R/Sir, The complainant respectfully submits as under:- 1. That the complainant is law abiding citizen of India and permanent resident of the above address. 2. That the complainant is working to save the lives of animals and birds, protecting them from unnecessary pain and sufferings and is founder Chairman of P.F.A Haryana and is also representing United Nations affiliated the International Organisation for Animal Protection – OIPA in India, where as it is his fundamental duties as well, as per article 51 A(g) of the Constitution of India. 3. That the accused no.1 and 2 have camped their Jumbo Circus in HUDA Ground, Sec.13-17, HUDA, Panipat. The accused no.1 & 2 are causing cruelties to the animals and birds like as sick Hippo, elephants, horses, cats, docked tail dogs, feathers chopped parrots, camels, pelicans etc. Exotic species are covered under CITES (Convention of International Trade in Endangered Species) and Pelicans covered under the Wild Life Protection Act, 1972. Animal Welfare Board of India - AWBI has issued the registration of following animals vide letter of even number dated 13.5.2004:- Elephant – 8, Horses – 13, Dogs – 13, Hippo – 1, Parrots – 15, Camels – 3, Pelicans – 1. In continuation to the above, few animals were added by the above Circus and the same was registered by the AWBI vide letter of no.8- 2/1277/P-2009 FC dated 7th September, 2009:- Donkey -2, Goat – 1, Turkey -2, Dog – 13, Persian Cat -8 and Emu – 1. Where as proper ownership certificate / permit to import the exotic species is mandatory as per set procedure, legislation’s concerned. It would be pertinent to mentioned here that Jumbo circus don’t have all above mentioned performing animals, might be left with some another unidentified place or unregistered circus for personnel profit and gains. Camels can’t be shifted in a tied leg position but Jumbo circus shifting these camels in small vehicles leg tied position, which is also a violation of the Prevention of Cruelty to Animals Act, 1960. Pelicans being an protected birds under the Wild Life Protection Act, 1972 its permit to import / ownership is compulsory. 4. That the accused no.1 & 2 have shifted the Hippo, camels, elephants along with rest of animals and birds in a very cruel manner from Rajasthan to Panipat via Rohtak and these animals have been shifted without proper documentation, As well as without certificates of Fitness from competent authorities as per Rule 96 of transport of animals Rules 2001 under PCA Act 1960 / pre-transport permit required as per section 96-97 of the Cattle Transport Rules, 1978 amended in 2001 and these rules have been framed as per section 38 of the Prevention of Cruelty to Animals Act, 1960. 5. That the accused persons have not arranged for standard cage for the Hippo, as defined in the Performing Rules, The animal is kept in water littered by its fasces and urine. sick animals can’t be shifted from one place to another, nor compel to perform. The accused no.1 & 2 have advertised in all the villages, including City of Distt. Regarding show of Hippo, like wise feathers chopped birds along with the docking tail dogs (The advertise pamphlet is attached herewith for the kind perusal of this Hon’ble court), where as the Chief Wild Life Warden, Haryana ban the performance of sick Hippo along with the use of Iron ankush on Elephants. It is pertinent to mention here that the Hippo being exhibited in this circus publicity material is blind one and the accused no.1 & 2 cannot show the items of the Hippo in the circus, nor use its name / image to attract public. It is also pertinent to mention here that the Additional PCCF cum Chief Wild Life Warden, Haryana has issued letter no.2564-66 dt. 21.10.2011 and directed the District Authority to give permission to the Jumbo Circus with the condition not to show the item of the Hippo. The accused no.1 & 2 are not obeying the above said directions and are showing the Hippo in the circus publicity material. In fact, the accused no.1 & 2 are causing cruelties to the animal and birds in the show of their circus and the animals are not being provided proper food, shelter in the defined size of cages, medical treatment for ailing animals and are kept in a pathetic condition, no proper space for exercise and no regular / full time veterinarian appointed and they are not submitting regular monthly reports to all concerned as necessary under the Performance Rules. Feathers chopping of a birds and docking tail of a dog is also a crime against the Prevention of Cruelty to Animals Act, 1960. 6. The complainant being an Animal Welfare Activists has complaint to the animal welfare Board Govt. of India on 17.10.2011, the assistant secretary of the Board after taking the cognizance the letter of the complainant has wrote a letter bearing no.9-14/2001/PCA dt.24.10.2011 but the district administration in collusion with accused no.1 and 2 has not taken any action against him. The District Collector has not called the complainant for the enquiry of the animals. 7. That the accused no.1 & 2 are compelling the blind Hippo, feathers Chopped birds, tails docked dogs, camels are using for the show in the circus and causing the cruelties to the above said animals and birds. The chief wild life warden Haryana has issued directions to all the field functionaries for street compliance of the Rajasthan High Court (Jaipur Bench) orders banning iron Ankush to control the elephants. But the accused no.1 and 2 are using iron Ankush to control the elephant and other animals. So, in this way, the accused no.1 and 2 causing cruelties to the animals and birds and have committed the offence mentioned in the head note of the complaint. Tranquilizer gun along with other necessary equipments are also required to handle the Elephants in emergencies, training as well, as per legal provisions and guidelines issued by the concerned authorities from time to time, micro chipping of elephants are also required. 8. That the complainant has lodge a complaint to the SHO City, Panipat and Deputy Commissioner, Panipat for taking legal action against the accused no.1 and 2 but the police of P.S. City, Panipat in collusion with the accused no.1 and 2 has not taken any legal action against them. In this way, the accused no.1 and 2 have committed the offence u/s 3,11,38 of the Prevention of Cruelty to Animal Act, 1960 read with the Wild Life Protection Act, 1972 and 420/ 120-B of the Indian Penal Code. 9. That the accused no.1 and 2 are causing the cruelties on the animals and birds at Huda Ground, Sector 13-17, HUDA Panipat so this Hon’ble court has got jurisdiction to try and entertain the present complaint. 10. That the abused animals be sent to the Infirmaries as defined and set up under section 35 of the Prevention of Cruelty to Animals Act, 1960. It would be pertinent to mention here that Mini Zoo at Bhiwani have proper space to keep sick Hippo and Govt. of Haryana might have sufficient funds to get treatment and care of this exotic species. Rest abused animals can be rescued and rehabilitated with the many recognized NGO’s / animal shelters. 11. The Bird pelican is protected under Wildlife Protection act and it is illegal to keep this bird in captivity without a valid ownership Certificate issued by competent authority under wildlife protection act 1972.The respondent’s may kindly be directed to produce the ownership certificate of pelican and in failure of act the respondents may be tried for violation of Wildlife Protection act 1972. 12. That Jumbo circus might be fined during their stay in Punjab for the violation2002s of the Wild Life Protection Act, 1972. 13. That the Central Zoo Authority of India also directed to the Wild Life Authorities of Punjab to rehabilitate blind Hippo, where as then Member of the AWBI Dr. Sandeep Jain also reported about the sickness of the Hippo and rest birds were found with out ownership, which is the violation of the CITES (Convention of International Trade in Endangered Species) read with the Wild Life Protection Act, 1972. 14. That the proper court fee has been affixed on this complaint. It is, therefore prayed that the above said complaint may kindly be sent under section 156(3) Cr.P.C. for lodging the FIR against the accused persons and further prayed that accused persons may kindly be punished u/s 3,11,38 of the Prevention of Cruelty to Animal Act, 1960 read with the section 38-H / any other section of the Wild Life Protection Act, 1972 and 420/ 120-B of the Indian Penal Code.