Decision to hand back lionesses to owners challenged in HC

The Jogeshwari police seized the animals on October 29, 1997 after charging the circus owners under the Cruelty to Animals Act. The lionesses have been housed at the Sanjay Gandhi National Park, Borivli, since then. The circus owners challenged this order in the City Civil and Sessions Court and sessions Judge M L Tahiliyani referred the case back to the metropolitan magistrate for retrying the matter. Accordingly, magistrate U S Iyer, heard the matter afresh and on November 21, 1997 and ordered: “The six animals, Basanti, Lily, Gauri, Tina, Ganga and Seeta, detained at Sanjay Gandhi National Park, Borivli, shall be handed over to the circus owners after giving an undertaking that cages of dimension of 600 cubic feet will be prepared for each animal within 45 days from the date of order. The senior police inspector of Jogeshwari police station shall verify the implementation of the undertaking. The government veterinary officer shall check these animals periodically until further orders.”

However, when circus owner Mohan Shahani and manager Shahabuddin Rupani, went to the National Park to take custody of the lionesses on Friday morning, the Park authorities refused to hand over the animals saying the former should pay for the amount the government spent to look after the animals since October 29, 1997. The government claimed that about Rs 45,000 was spent for their treatment and food.

This afternoon, arguing for Dr Ahuja, advocate D A Nalawade said that all the six animals were 25 years of age, which was the maximum expectable life of a lion. “Still they are being treated in the most inhuman and barbaric ways at the circus for monetary gains. A total of 20 lions and three elephants have died in the circus in the last ten years. I request that these animals should not be handed over to the circus owners.” Defending Shahani, advocate Ashok Gupte, argued that more cruelty was being done to the lionesses at the Park. “We have given an undertaking to the court that we shall not use the blind animals for performance in the circus,” he said.