SUPREME COURT TO DELIVER ORDER TOMORROW ON PETITION SEEKING STAY OF STRAY DOG REMOVAL IN DELHI-NCR:

The Supreme Court will deliver its order tomorrow on pleas seeking a stay of the directions passed on August 11 by a two-judge bench directing the removal of stray dogs from Delhi and the National Capital Region to shelter homes. A three-judge bench comprising Justice Vikram Nath, Justice Sandeep Mehta, and Justice NV Anjaria reserved its decision after hearing arguments on August 14.

The controversy began when a two-judge bench consisting of Justice JB Pardiwala and Justice R Mahadevan took suo motu cognisance of a news report published in the Delhi edition of The Times of India on July 28 titled “City hounded by strays and kids pay price.” Acting on this report, the bench issued sweeping directions on August 11 to remove stray dogs from the streets and shift them to shelter facilities. These directions were issued based on the suggestions of Senior Advocate and amicus curiae Gaurav Agarwal.

However, in a dramatic turn on August 13, the matter was reassigned to a three-judge bench after lawyers pointed out before the Chief Justice of India that the August 11 directions conflicted with earlier orders of other benches regarding the management of stray dogs. The three-judge bench then heard the matter on August 14 and reserved its order on whether the August 11 directions should be stayed.

In its August 11 ruling, the two-judge bench directed the State of NCT of Delhi, along with the Municipal Corporation of Delhi (MCD) and the New Delhi Municipal Council (NDMC), to immediately establish dog shelters across the city and report on their progress within eight weeks. These shelters were to have adequate personnel to care for sterilised and immunised dogs, and also for those detained, who would not be released back onto the streets. The shelters were to be equipped with CCTV monitoring to ensure strict compliance. The bench further directed that shelters for 5,000 dogs should be created within six to eight weeks as an initial step, with a plan to gradually expand capacity. Authorities were ordered to begin removing stray dogs from all localities, with a particular focus on vulnerable areas and the outskirts of the city. The Court stressed that this should be undertaken without compromise, and if necessary, a special force could be created for the purpose. It also warned that any individual or organisation obstructing the exercise would face strict action, including contempt proceedings.

The bench justified these measures on the ground of public interest, highlighting the need to protect infants and young children from rabies and instil public confidence that roads and colonies could be used without fear of dog bites. The Court observed that no sentiment should interfere with the execution of the directions.

Additionally, the authorities of Noida, Ghaziabad, and Gurugram were directed to maintain daily records of stray dogs captured and housed, to be presented before the Court in the next hearing. The Court made it clear that once picked up, no stray dog was to be released, warning of stern action in case of violations.

The order also required the creation of a helpline within one week to enable reporting of dog bite cases. Complaints received through this helpline were to be acted upon within four hours, with the concerned dog captured, sterilised, and immunised, and never released. The Court further ordered that medical facilities be informed immediately so that bite victims could receive timely treatment.

Finally, the bench addressed concerns about vaccine shortages, directing authorities to provide detailed public information about available vaccine stocks and their distribution. Any obstruction to the effective implementation of these directions, it warned, would be treated as contempt of court.

The matter is now set to be decided by the three-judge bench, which will pronounce its order on August 22.