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'No respect for court's order': SC summons chief secretaries in stray dogs case; asks why compliance affidavits weren't filed

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NEW DELHI: The Supreme Court on Friday declined to exempt the chief secretaries of states and UTs from personally appearing before it on November 3 in the ongoing case concerning the menace of stray dogs. The court held that there was “no respect” for its earlier order directing compliance with the Animal Birth Control (ABC) Rules. The bench said only the chief secretaries of West Bengal and Telangana were exempted, while all others must be physically present.

A bench of Justices Vikram Nath and Sandeep Mehta expressed strong displeasure over the non-compliance of its August 22 order, which required all states and UTs to file compliance affidavits regarding the implementation of the ABC Rules. The court noted that, as of October 27, only West Bengal, Telangana, and the Municipal Corporation of Delhi (MCD) had submitted their affidavits.

Solicitor General Tushar Mehta, appearing before the bench, urged that the chief secretaries be allowed to join the November 3 proceedings virtually. “This is that dog menace matter. Because of our default, your lordships were constrained to call the chief secretaries. The only request is, instead of coming physically, can they appear virtually,” Mehta pleaded.

Rejecting the request, Justice Nath said the chief secretaries will have to come physically to the court. He said, "It is very unfortunate that here the court is wasting time trying to deal with the problems which should have been addressed by the municipal corporations, by the state governments over the years.” He added that despite Parliament framing the ABC Rules, authorities had taken no effective action.

The bench emphasized that the top officials must appear in person to explain why compliance affidavits were not filed, they stated, “No respect for the order of the court. Then alright, Let them come. We will deal with them.” The court also clarified that, if necessary, the Supreme Court auditorium would be converted into a courtroom to accommodate all the chief secretaries for the November 3 hearing.

Earlier, on Monday, the apex court had directed the chief secretaries to appear personally after noting that several states and UTs had failed to submit compliance reports. It also criticized the continuing incidents of stray dog attacks across the country, saying such occurrences tarnished India’s image globally.

The suo motu case originated on July 28, following media reports about the increasing number of stray dog bites and rabies deaths, particularly among children, in Delhi and other parts of the country. The court, expanding the scope of the case on August 22, made all states and UTs parties to the proceedings, asking for detailed data on infrastructure available for implementing the ABC Rules, including dog pounds, veterinarians, and dog-catching staff.

The court also dismissed the Bihar government’s request to exempt its chief secretary from appearing on November 3 due to state assembly elections scheduled for November 6 and 11, saying, “There is Election Commission which would take care. Don't worry. Let the chief secretary come.”

The Supreme Court will now hear from the top bureaucrats on Monday to assess why its directions to control the stray dog menace and implement the ABC Rules remain unfulfilled.
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