No SC relief for pigeon feeders, tells them to go before HC
There can't be "parallel indulgence", said the apex court, while refusing to intervene as the matter is pending before the HC.
"The merit of the case is under consideration (before the High Court). In such a situation, parallel indulgence by this court is not proper," said the Supreme Court bench of Justices J K Maheshwari and Vijay Bishnoi. "Therefore, we are not inclined to entertain the SLP. However, the dismissal of the SLP will not debar the petitioners from moving an appropriate application for modification of the (High Court) order, if any," the Supreme Court said in its order.
The main point of contention raised before the Supreme Court by senior counsel Colin Gonsalves for petitioners Pallavi Patil and other feeders from Mumbai and distant suburbs was over arrests. Gonsalves said the high court order directs the arrest of people who feed pigeons. "Pigeons are dying. Thousands are dying, and the order says to arrest them...I can understand anything else. Should people be arrested?," he said.
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"Go and apply before the high court," the SC said.
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"So we can make an application for setting aside these orders before the High Court itself?," Gonsalves asked. The SC said, "You can go apply before the High Court." Gonsalves persisted, "Look at the alternatives…10 states have set up feeding towers. The Animal Welfare Board of India has submitted an affidavit."
When another counsel pointed out that the HC's Aug 7 order directs that a committee of experts may be roped in, the SC bench said it was aware and thought the challenge was not to that order, nor was this point placed before it in the SLP.
The bench said the HC had noted that there was a "wealth of information" regarding the health hazards caused by pigeons.
The high court had on Aug 7 also permitted the Dadar Kabootar Khana trust to approach the BMC with a plea to fix feeding hours after it said one hour between 6 and 7 am may be considered. The HC said the BMC could hear stakeholders and decide such a request, and if the BMC rejects the plea, the trustees could always make an interim application before the high court.
Several feeders who petitioned the high court, through advocate Harish Pandya, had contended that the BMC had started demolition of kabootar khanas much before July 3 and, without any written order or policy, banned pigeon feeding in the city. The HC declined to intervene on the BMC policy but stayed the demolition of heritage Kabootar khanas at Dadar and elsewhere.
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