STATE TIMES NEWS
JAMMU: Justice Sanjay Kumar Gupta of J and K High Court (Jammu Wing) has stayed the production of challan against Devinder Kour Madaan alias Rumpy Madaan against whom an FIR No. 96 of 2017 dated August 3, 2017 was registered at Police Station, Pacca Danga, Jammu in an assault case.
The court further directed that investigation shall go on; however, challan shall not be produced against the petitioner without prior permission of this Court
After hearing Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina, Irtiza Mushtaq and Supriya Chouhan appearing for the petitioner, Justice Sanjay Kumar Gupta issued notices to Principal Secretary (Home) J&K Govt., SHO Police Station, Pacca Danga, Jammu and Dr. Sagar Gadage, Incharge SPCA, Roop Nagar (near School for Blinds), Jammu. Senior AAG S.S Nanda accepted notices on behalf of Principal Secretary (Home) J&K Govt. and SHO Police Station Pacca Danga, Jammu. The court allowed two weeks time to Senior AAG S.S Nanda to file reply in the matter.
Advocate S.S Ahmed with Advocate Irtiza Mushtaq appearing for the petitioner submitted that Dr. Sagar Gadage Incharge SPCA, Roop Nagar, Jammu on July 27, 2017 cooked up a story alleging assault by petitioner Devinder Kour Madaan on his workers at Panjtirthi Jammu and further alleged that the petitioner also stopped the vehicle meant for loading the dogs and released all the dogs and thereafter assaulted all his workers and threatened that he and his workers should leave the state and stop the sterilization of stray dogs.
During the course of arguments, Advocate S.S Ahmed submitted that petitioner Rumpy Madaan is Animal Welfare Officer appointed by Animal Welfare Board of India (Ministry of Environment and Forests), Govt. of India and the petitioner as per the nature of her job is required to take action with the help of the local enforcement authorities whenever there is any violation of any of the applicable animal protection laws.
Advocate S.S Ahmed drew the attention of the court towards the communications dated 27.03.2017, 01.05.2017 and 07.07.2017 written by Animal Welfare Board of India to the Commissioner JMC, Director Animal Husbandry Department, Jammu and the petitioner for a joint inspection of the ongoing sterilization of stray dogs being undertaken by Dr. Sagar Gadage on behalf of Nanded based NGO.
Advocate Ahmed further submitted that till date no FIR has been registered against Dr. Sagar Gadage and his staff and on the other hand as a measure of counter blast and to silence the voice of the petitioner Dr. Sagar Gadage, Incharge SPCA, Roop Nagar, Jammu lodged a false/frivolous FIR against the petitioner at Police Station, Pacca Danga, Jammu projecting a highly absurd and improbable story of assault by the petitioner.
After considering the arguments put up by Advocate S.S Ahmed, Justice Sanjay Kumar Gupta stayed the production of challan against Devinder Kour Madaan alias Rumpy Madaan and further directed that investigation shall go on.
