Datar: Bone of contention now is whether stray dogs picked up should be released back in same area? ABC Rules 7 and 11...PCA Act defines 'street'...we are concerned with open space to which public has access...Madras HC has held that public has right to passage and re-passage in street, anything else is trespass...your lordships are justified in saying the dogs shall not be put back in same place. As far as public institutions, people have access. If a human being can't stay there, animals can't either. No street dog can be relocated there. It would amount to animal trespass. if a dog is removed, it can't go back there, because it had no right to be there in the first place. In ABC Rules, many terms are not defined. No definition of street dogs.
Sr Adv Arvind Datar (for an organization): Order dt. Nov 7 with regard to institutional areas is fully justified, supported by Rules. No need for any expert committee. There's already a committee, reports are on record. ABC Rules are ultra-vires PC Act. That issue can be taken later
J Mehta: You're the first who has come to the rescue of the order
Datar: Your lordships must also consider the issue of feral dogs in wildlife areas...on behalf of conservation groups, we filed writ petition in this court...there are 9 critically endangered species in Ladakh, etc...the court called for response, report is scary...55000 free ranging feral dogs in Ladakh...situation is grave. Times of India report was preceded by a NY Times report.