High court rescues cattle subjected to cruelty

Reiterating that the object of PCA Act is only to prevent animals from being put to cruelty, Justice M V Muralidharan said, “They should take immediate stringent steps to give life to law and teeth to the provisions for fulfillment of the soul of the said enactments. Therefore, stringent action should be taken as against those who violate the laws.”

“It is pertinent to note that even though the Central Motor Vehicle (Amendment) Act was passed in 2016 stating stricter rules shall be applicable for the transportation of animals, but it has not been effectively implemented,” the judge noted and directed the MHC Registrar General to issue circulars to the lower Courts in the State to take note of these provisions and deal with the cases in a proper manner. 

As per the prosecution, on January 23, 2017, the defacto complainant, S.P. Srinivasa Murthy, and his friend were returning in a two-wheeler from Bhavani to his native. When they were nearing Nasiyanur junction, in front of Hotel Paradise, he saw six lorries covered with Tarpaulin sheets parked there. In one of the lorries Tarpaulin sheets was loosely tied and through that side, he saw the injured cows and bullocks. When he tried to open the other lorries covered with Tarpaulin, the drivers and the hotel owners chased them in two wheelers with knives. 

The complainant and his friend called their friends over mobile phone. Immediately, their friends and nearby villagers assembled, and found cattle being illegally transported in the lorries. The cattle were kept in lorries and jam-packed with tarpaulin covering. To prevent the movement of cattle, their necks were tied closely and chilli powder was sprayed in their eyes. 

Thereafter, a case was registered and the Judicial Magistrate, Erode, on finding that the accused 1 to 17 illegally transported cattle and based on admission of guilt, he convicted the accused and observed that they are not entitled to return of the cattle.

Justice Muralidharan on upholding the Magistrate’s order said, “The finding of the Judicial Magistrate that the petitioners are not entitled to return of the cattle is well founded, as the accused themselves pleaded guilty and have been convicted. This Court finds no infirmity in the order.”

“It is apposite to mention that in this case, if the custody of the cattle is again given to the petitioners, there is likelihood of the cattle being subjected to further cruelty,” the judge added and made it clear that the cattle shall be maintained in the Goshala, in which they are kept.