The Orissa High Court has acknowledged a petition regarding the custody of cattle being returned to an owner who flagrantly violated all regulations concerning animal transportation.
The court was considering a petition filed by the Dhyan Foundation, spearheaded by Senior Advocate Siddhartha Luthra, contesting the decision of the revisional court. This decision allowed the seized cattle to be returned to the accused owner despite clear evidence of fraudulent ownership documentation and acts of cruelty. The Dhyan Foundation had rescued the cattle, which were being unlawfully transported in extremely inhumane conditions—cruelly tied and packed without adequate provision of food and water, thereby disregarding all transportation regulations, in 1978.
Justice Sibo Shankar Mishra overturned the trial court’s ruling from November 1, 2023, and sent the case back to the same court for reconsideration. He emphasized that the revisional court overlooked the owner’s criminal act of falsifying cattle ownership and subjecting the animals to cruelty.
The Court nullified the ruling of the District and Sessions Judge and returned the case to the same Court for a fresh consideration of the revision petition. Considering the dire state of the cattle, the local police entrusted them to DF for urgent care, protection, and upkeep. Nevertheless, there was no health examination or identification marking conducted on the cattle.
The owner’s appeal, obtained from the District and Sessions Judge, Mayurbhanj Baripada, was dismissed by the Judicial Magistrate. The District and Sessions Judge had previously ruled in the owner’s favor, blatantly disregarding the fraudulent documents and animal cruelty. The High Court condemned the Revisional Court’s decision and instructed them to reconsider the case for petition revision.
Senior Advocate Siddharth Luthra diligently presented his case, backed by factual evidence and legal arguments, successfully preventing the cattle from being returned to the accused. The fact that some lower court judges disregard legal provisions and issue orders favoring cattle traffickers is deeply concerning. Justice Mishra’s ruling serves as a crucial reminder for all to uphold the law.
Dhyan Foundation (DF) is an NGO dedicated to rescuing cattle from illegal slaughter for many years. Additionally, the organization has collaborated with the Border Security Force (BSF) to provide shelter and care for seized cattle at border locations. Currently, DF oversees the welfare of over 80,000 cattle in its network of more than 47 gaushalas throughout the country.