Cuttack, (Orissa Today), April 26: In a significant legal development, the judiciary has responded to Dhyan Foundation’s plea concerning the custody of gauvansh (cattle) allegedly mistreated during transport by an owner who flouted animal transport regulations. Led by Senior Advocate Siddhartha Luthra, Dhyan Foundation challenged a revisional court’s decision to release the seized gauvansh to the owner, despite evidence suggesting fake ownership documentation and cruelty towards the animals.
The Foundation highlighted the inhumane conditions endured by the gauvansh during illegal transport, including being tied and deprived of food and water, in violation of transport regulations dating back to 1978.
Justice Sibo Shankar Mishra, acknowledging the gravity of the situation, reversed the trial court’s previous ruling and referred the matter back for reconsideration, citing the revisional court’s failure to address the owner’s misconduct and animal cruelty adequately. The District and Sessions Judge’s decision was overturned, urging a fresh evaluation of the revision petition.
Following the distressing state of the gauvansh, local authorities temporarily entrusted their care to Dhyan Foundation, although health assessments and identification marking were omitted.
Despite the owner’s plea, the Judicial Magistrate rejected his request, originally granted by the District and Sessions Judge, Mayurbhanj Baripada, who seemingly disregarded evidence of fraudulent documents and animal mistreatment. The High Court rebuked the Revisional Court’s judgment, directing a reevaluation of the case.
Senior Advocate Siddharth Luthra vigorously presented evidence and legal arguments to safeguard the gauvansh from returning to the accused’s custody.
The case highlights concerns regarding lower court judges potentially neglecting legal provisions and issuing biased rulings in favor of cattle traffickers. Justice Mishra’s decision serves as a stark reminder of judicial responsibility.
Dhyan Foundation, a unique NGO, has long been at the forefront of protecting gauvansh from unlawful slaughter and mistreatment. It collaborates with the Border Security Force (BSF) to shelter and care for seized cattle at border points. Presently, DF oversees the welfare of over 80,000 gauvansh across 47 gaushalas nationwide.
