- News>
- India
Trade in captive birds cannot be claimed as right: SC
New Delhi, Feb 27: Stating that law relating to the protection of wild animals has to be strictly enforced, the Supreme Court has ruled that a licence for trade in `captive birds` cannot be claimed as a right and will strictly be granted on the satisfaction of the licencing authority.
New Delhi, Feb 27: Stating that law relating to the protection of wild animals has to be strictly enforced, the Supreme Court has ruled that a licence for trade in "captive birds" cannot be claimed as a right and will strictly be granted on the satisfaction of the licencing authority.
Criticising the Allahabad High Court directing the Chief Forest Conservator (CFC) of Uttar Pradesh to issue licence to one Nasir Khan for trade in small captive birds, specified under schedule iv of the Wildlife (Protection) Act, 1972, a bench headed by Chief Justice V N Khare said, "It is not within the domain of the high court to issue such a direction."
It has to be seen whether a person seeking the licence would abide by the provisions of law, the bench comprising Justice S B Sinha and justice A R Lakshman in a judgement said. "The high court, in our opinion, committed a manifest error in direction the CFC to grant the licence in favour of the respondent (Khan)," the apex court said adding that under the act and in the terms of the rules framed in this regard the licencing authority was required to consider the application for licence and satisfy himself that the applicant is capable of strictly complying with the conditions laid down under law.
"The act as notified seeks to protect the wild animals. Any provision contained in the act aiming at their protection must neccessirily be strictly complied with," the court said.
CFS had challeged the high court order on the ground that a licence could not be claimed as matter of right as certain provisions had laid down under law for the same. Khan in his plea before the high court had said he was trading in birds like "munias, parakeets, mainas and buntings.
Bureau Report
Criticising the Allahabad High Court directing the Chief Forest Conservator (CFC) of Uttar Pradesh to issue licence to one Nasir Khan for trade in small captive birds, specified under schedule iv of the Wildlife (Protection) Act, 1972, a bench headed by Chief Justice V N Khare said, "It is not within the domain of the high court to issue such a direction."
It has to be seen whether a person seeking the licence would abide by the provisions of law, the bench comprising Justice S B Sinha and justice A R Lakshman in a judgement said. "The high court, in our opinion, committed a manifest error in direction the CFC to grant the licence in favour of the respondent (Khan)," the apex court said adding that under the act and in the terms of the rules framed in this regard the licencing authority was required to consider the application for licence and satisfy himself that the applicant is capable of strictly complying with the conditions laid down under law.
"The act as notified seeks to protect the wild animals. Any provision contained in the act aiming at their protection must neccessirily be strictly complied with," the court said.
CFS had challeged the high court order on the ground that a licence could not be claimed as matter of right as certain provisions had laid down under law for the same. Khan in his plea before the high court had said he was trading in birds like "munias, parakeets, mainas and buntings.
Bureau Report