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Fresh Complaint was moved against jumbo circus before CJM, Panipat by Naresh Kadyan

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A complaint was lodged with the Police and District Administration against Jumbo circus, AWBI and CZA as well, but no legal action was initiated against all offenders, at last a complaint was placed before Hon'ble CJM, Panipat to try and decide as per legal provisions 156 (3) CrPC but during arguments complaint was amended, fixed for November 8, 2011. In case of the Wild Life Protection, 1972 violations, new complaint will be moved before the Special Environment Court at Kurukshetra.

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  • pg 1
									                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 AND 420/268/120-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
     Organization           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).
     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.
            Whereas 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.
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.       (Booklet     containing         guidelines
issued by Animal Welfare Board of India regarding
treatments to innocent animals by circus holders
having title “CIRCUSES” is also attached for kind
perusal    of     this    Hon’ble     court).       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 strict 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 and 420/268/120-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. 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 420/268/120-B of the Indian Penal Code.
Dated:05.11.2011
List of Witnesses:-                       …………Complainant
1. Complainant himself
2. Nafe      Singh       Malik,    Naresh Kumar Kadyan son of
  Convener            O.I.P.A.,    Sh.   Om     Parkash    Kadyan,
  Panipat.                         Chairman     P.F.A     Haryana,
3. Any     other      witnesses    representing         OIPA      in
  will be produced with            India,      r/o   C-38,       Rose
  the permission        of the     Apartment,        Sector       14,
  Court    at   the    time   of   Rohini,     Parshant        Vihar,
  evidence.                        Delhi-110085.




                         Through Counsel

								
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