Allahabad HC appoints amicus curiae and calls for government response

the Allahabad High Court Wednesday decided to address the issue of the threat of stray livestock in rural areas and therefore appointed Lawyer Yogendra Misra, assisted by lawyer SM Singh Royekwar to assist the Court in this matter as an amicus curie.

The bench of Judge Devendra Kumar Upadhyaya and Judge Mohd. Faiz Alam Khan also directed the The Public Prosecutor must request instructions on the matter within two weeks.

In addition, the Court also sought a counter affidavit during the said period from the Director of Development, who chairs a committee constituted for the safety of cattle in the cattle shades.

The case in brief

Essentially, a Ravi Kumar Singh came up with a PIL claiming that Respondent #5, who happens to be a candidate for election to the Uttar Pradesh Legislative Assembly [from Harchandpur constituency in District-Raebareli] collected thousands of stray cattle/animals on private land and no arrangements were made for fodder, drinking water and shade.

The plea further claimed that Respondent No. 5 had made a public announcement with a view to wooing voters/voters in the area that he would pay Rs.50/- per animal to anyone who brings such stray cattle onto the aforementioned lands. .

It was further claimed that since proper arrangements had not been made and no security/protection of the animals had been provided at the alleged shelter, the claimant’s lawyer argued that the livestock had been thrown inside the alleged refuge and that several of them were dead.

In this regard, the plea requested several instructions from the Court, including taking action against Respondent No. 5, saving the lives of livestock, and fixing liability in the matter.

On the other hand, the district attorney argued that the present petition was nothing more than a proxy petition filed on behalf of a rival candidate in the upcoming elections for the Legislative Assembly of the United States. state and was therefore likely to be rejected.

Court’s observations

Initially, in view of the allegations contained in the attached Plea and Complaint, the Court found that the present proceeding was a proxy petition instituted by the Petitioner at the request of a person who is running for election as a rival candidate for the UP Legislative Assembly. in which Respondent #5 is also a candidate for another political party.

Further, the Court disapproved of the Petitioner’s conduct in bringing these proceedings allegedly in the public interest, and as such, the Court deemed it appropriate to remove him as a Petitioner, in this case, no longer.

However, the Court took into account the bad condition livestock / stray animals being kept in an improperly erected and constructed livestock shade and further observed as follows:

The safety and security of stray livestock in rural areas is directly linked to the welfare of the peasantry in general. Unless these stray cattle in rural areas are appropriately managed and guarded, the danger of continued damage to standing crops and even human life would remain unaffected..”

Thus, on the limited question of the proper arrangement for stray livestock in rural areas, the Court granted the motion in writ, however, the Court ordered that the title of cause of the motion in writ be described as “Yogindra Misra v. State of UP and others.”

Before parting with the order, the Court also imposed a cost of Rs.10,000/- on the applicant for unnecessarily abusing court procedure in an attempt to nurture personal interest and also noticed thus:

The public interest litigation forum that has evolved over the years is the result of outside exercises undertaken by the Supreme Court of this country as well as various High Courts. The purity of the public interest litigation stream, in our view, therefore, cannot be allowed to be polluted in a way where someone knocking on the doors of this Court allegedly in the public interest is in fact trying to serve his personal interest/political interest.

Now the case would be heard on March 10, 2022

Case title – Yogindra Misra v. State of UP and others

Click here to read/download the order

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