Stray dog case: SC refuses to let chief secretaries appear virtually, says ‘let them come physically’

In August, the Supreme Court had sought affidavits with statistics on dog pounds, veterinarians, etc. However, most states and Union Territories had failed to comply.

Sharma stated that a sub-committee formed by the corporation to look into the dog issue has not submitted its report despite the Supreme Court order.

SC sought an affidavit from the municipal authorities along with complete statistics of resources like dog pounds, veterinarians, dog catching personnel, specially modified vehicles/cages available as of date for complying with Animal Birth Control Rules.

The Supreme Court on Friday refused to grant an exemption to chief secretaries of states and Union Territories from appearing before it personally to explain why they had not filed affidavits in compliance with the court’s August 22 directions in the stray dogs matter.

“No. Let them come physically. It is very unfortunate that the court is wasting time here trying to deal with the problems which should have been addressed by the municipal corporation, by the state governments over the years…Parliament frames rules, no action is taken,” Justice Vikram Nath said, presiding over a two-judge bench.

On August 22, the Supreme Court, while issuing a series of orders in the matter, had also sought an affidavit from the municipal authorities along with complete statistics of resources like dog pounds, veterinarians, dog catching personnel, specially modified vehicles/cages available as of date for complying with Animal Birth Control Rules.

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Taking it up on October 27, the court noted that no state or Union Territory, except West Bengal and Telangana and the Municipal Corporation of Delhi, had filed the affidavit and directed that their chief secretaries appear in person before it on November 3, when it is scheduled to hear the matter next, and tender an explanation.

On Friday, Solicitor General Tushar Mehta told the bench also comprising Justice Sandeep Mehta that the affidavits have been filed and urged the court to allow the officials to appear virtually. But the court did not relent.

“We require them to file compliance affidavit; they are sleeping over it. No respect for order of the court. Let them come; we will deal with them. They have to physically come and explain why compliance affidavits were not filed! And then they must file compliance affidavits,” said Justice Nath.

On Thursday, the Bihar chief secretary had sought exemption from personal appearance, citing the impending Assembly elections. But the court rejected the request, saying the chief secretary has nothing to do with elections. “There is Election Commission which would take care. Don’t worry. Let the chief secretary come. So you (Chief Secretary) come here,” the bench told the counsel who appeared for the state.