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Lokayukta appeal on culling of dogs dismissed

Bangalore, Nov 19, 2012, DHNS:
The High Court of Karnataka on Monday dismissed an appeal by the Lokayukta seeking culling of stray dogs in the City. The appeal was filed by the Lokayukta after a single judge of the High Court struck down the former’s order directing culling of stray dogs.

“The Lokayukta is not above the writ court. Against the order of the learned single judge, the Lokayukta has held that the provision of ABC Rules (Animal Birth Control Rules) are ultra vires, which power the Lokayukta does not possess,” the Division Bench comprising Chief Justice Vikramajit Sen and Justice B V Nagarathna observed.

The Chief Justice observed that the legal provisions available at present for containing stray dog menace have to be harmonised to ensure that there is no indiscriminate culling of dogs and even in case of culling, to ensure that the animal is not subjected to undue pain and suffering.

Meanwhile, the Bench reserved orders on a petition filed on behalf of Jishnu, a five-year-old boy injured in a dog bite in October 2010. The petitioners have claimed that the ex gratia of Rs 26,500 paid by the Bruhat Bangalore Mahanagara Palike is inadequate.

 

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