The HC said, "We are of the view that before taking such drastic action of suspension of recognition granted to the petitioner for conducting Animal Birth Contract Programme and closing down the centre of the petitioner, the petitioner ought to have been given an opportunity of being heard"
Bombay High Court. File Pic
The Bombay High Court has quashed a last year's order of the Animal Welfare Board of India which suspended recognition of Mumbai-based Universal Animal Welfare Society and directed for closure of its sterilisation centre.
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A division bench of Justices Amjad Sayed and Madhav Jamdar set aside the order on March 2 and a copy of the HC's judgment was made available on Sunday.
The high court directed the Animal Welfare Board of India to first issue a show cause notice and give a hearing to the Universal Animal Welfare Society.
The HC passed the judgment on a petition filed by the Universal Animal Welfare Society challenging the December 14, 2020 order suspending the petitioner's recognition and directing it to close down its centre in suburban Malad.
The suspension and closure order was passed after the Animal Welfare Board received complaints of alleged cruelty towards animals at the centre and stray dogs not being treated properly while carrying out birth control programmes.
The HC said, "We are of the view that before taking such drastic action of suspension of recognition granted to the petitioner for conducting Animal Birth Contract Programme and closing down the centre of the petitioner, the petitioner ought to have been given an opportunity of being heard."
Even the inspection report of the Animal Welfare Board of December 11, 2020 is completely lacking in particulars, the court said.
"If the Animal Welfare Board of India desires to take action against the petitioner, it shall first issue a show cause notice and share the relevant material with the petitioner," the high court said.
The petitioners’ advocates, Ahmad Abdi and Eknath Dhokale, argued that the Animal Welfare Board's order was illegal and bad in law, and passed in haste.
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