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N.R. Nair And Ors. vs Union Of India And Ors.

País/Territorio
India
Tipo de la corte
Nacional - corte superior
Fecha
May 1, 2001
Fuente
UNEP, InforMEA
Nombre del tribunal
Supreme Court of India
Juez
Kirpal, B.
Banerjee, U.
Kumar, B.
Número de referencia
AIR 2001 SC 2337, 2001 (4) SCALE 20, (2001) 6 SCC 84
Idioma
Inglés
Materia
Especies silvestres y ecosistemas
Resumen
The main challenge in these appeals by special leave from the judgment of the Kerala High Court is to be validity of Section 22 of the Prevention of Cruelty to .Animals Act, 1960 and the Notification issued on 14th October, 1998 under Section 22 to the effect that no person shall train or exhibit any animals specified therein, namely, bears, monkey, tigers, panthers and lions. Notification was challenged by filing a writ petition in the Kerala High Court and by the impugned judgement dated 6th June, 2000, the High Court has upheld the validity of the said Notification. Hence, the present appeals. Keeping the preamble of the Act and Section 24 in view, the court is of the view that power under Section 22(ii) can be exercised only when the Central Government is of the opinion that the training and exhibition of the animals in respect of which a notification is being issued is for the purpose of preventing unnecessary pain or suffering being caused to the animals. In exercise of judicial review neither the High Court nor this Court can go into the correctness of the decision of the Government in issuing the impugned Notification. High Powered Committee had been constituted under the directions of the High Court, that Committee looked into all the evidence which was placed before it and the High Court has referred to extracts thereon which shows the manner in which the animals are trained or ill-trained. The Court held that the impugned Notification is within the parameters of the Prevention of Cruelty to Animals Act, 1960. Appeals were dismissed.
Texto completo
COU-156179.pdf
Página web
indiankanoon.org