Friday, August 12, 2022

Allahabad High Court comes down heavily on authorities over stray dogs killing 5 year old, injuring 7 year old in Lucknow

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The Lucknow Bench of the Allahabad High Court has termed the incident of the death of a 5-year-old innocent and the injury of his 7-year-old sister in the Thakurganj of Lucknow, in the attack of stray dogs an extremely disturbing.

The Division Bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi took suo motu cognizance of the news published in the newspapers about the incident and ordered to register the matter as a Public Interest Litigation.

The Court said that, an extremely disturbing news report published in newspapers has been brought to our notice, according to which, an innocent child aged five years has lost his life and his minor sister aged seven years is struggling for life on account of the deadly menace created by stray dogs.

Nothing can be more painful for a human being than to learn a human life been lost in such a manner. As per the newspaper reports, stray dogs attacked the brother and sister duo and killed the brother separating his sister from him forever, perhaps to meet in only the next birth. The description of the incident in the newspaper reports has the potential of disturbing even the strongest mind, which compels us to take suo moto cognizance of the issue relating to the menace created on account of unchecked stray dogs on the streets of Lucknow, the Court further said.

The Court directed the Public Interest Litigation Cell of the Registry of the Court to register suo moto Public Interest Litigation on the basis of the aforesaid newspaper reports. The cause title of the Public Interest Litigation shall be mentioned as “In Re: Menace Created By Stray Dogs”.

The Court stated that, we require the Additional Advocate General to serve a copy of the order upon the Additional Chief Secretary/ Principal Secretary, Government of Uttar Pradesh in the Department of Urban Development and also to Additional Chief Secretary/ Principal Secretary in the Department of Animal Husbandry. Additional Advocate General shall apprise the State Government in the respective departments of the concerns of the Court. We also require the counsel representing the Nagar Nigam, Lucknow to apprise the Nagar Ayukt, Lucknow of this order forthwith.

To ensure that the sister of the deceased, who is said to be seriously injured in the incident, is given proper medical care and attention and treatment, the Court further directed the Chief Medical Officer, Lucknow to provide all medical assistance to her by contacting her family members and getting her admitted for treatment in the appropriate department of the King George Medical University, Lucknow. All possible medical treatment shall be given to the injured girl child without any charges. The charges, if any, shall be borne by the State Government. The Vice-Chancellor of King George’s Medical University, Lucknow shall personally supervise the treatment to be given to her.

The Court also required the Additional Advocate General to apprise the District Magistrate, Lucknow of the incident and also of the concerns of the Court expressed in the order. He shall also seek instructions as to how the family of the deceased- boy child can be monetarily or otherwise compensated on account of his tragic death in the incident narrated above.

“Shubham Tripathi, Counsel representing the King George’s Medical University, Lucknow shall communicate this order to the Vice Chancellor and the Registrar of the King George’s Medical University, Lucknow forthwith, without waiting for its certified copy”, the order reads.

The Court has fixed the next hearing of the petition on April 19, 2022.

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