Meghalaya High Court recalls order seeking Supreme Court nod to continue hearing stray dogs PIL

The Meghalaya High Court has recalled its recent order directing the Registrar General to request the Supreme Court to allow it to continue hearing a public interest litigation (PIL) related to the issue of stray dogs [The State of Meghalaya v Kaustav Paul & Ors].

The Supreme Court on August 22 had ordered transfer of pending cases related to stray dogs from all High Courts to itself. The Meghalaya High Court has been hearing a PIL concerning stray dogs since 2024.

A High Court Division Bench of Chief Justice IP Mukerji (who has since retired) and Justice W Diengdoh on August 30 expressed an inclination to retain the matter due to peculiar distinctiveness in the “menace posed by stray dogs” in Meghalaya.

Accordingly, the High Court had directed its Registrar General to make a formal application before the Supreme Court and seek appropriate directions with regard to retention of this PIL by the High Court.

However, a Division Bench of Acting Chief Justice HS Thangkhiew and Justice W Diengdoh on September 26 recalled the order on the State government's request. The counsel representing the petitioner and the Shillong Municipal Board did not object to the State plea.

Thus, the Court directed that the records of the PIL be transmitted by the High Court Registry to the Supreme Court Registry at the earliest.

The issue concerning stray dogs hogged the limelight after a Supreme Court Bench of Justices JB Pardiwala and R Mahadevan on August 11 ordered the municipal authorities in Delhi to begin rounding up stray dogs from all areas, and to establish shelters within eight weeks.

However, following widespread protests by animal rights activists and dog lovers, the case was assigned to another Bench headed by Justice Vikram Nath.

The three-judge Bench led by Justice Nath on August 22 modified the August 11 order. The Bench of Justices Vikram Nath, Sandeep Mehta and NV Anjaria ordered that the dogs shall be released from dog shelters after being dewormed and vaccinated. It also expanded the scope of the case beyond the confines of New Delhi and the NCR region and directed that all pending cases related to stray dogs be transferred from High Courts to the Supreme Court.

"We are also informed that numerous writ petitions/ suo moto petitions are pending in various High Courts, more or less dealing with common issues. Hence, the Registry shall seek information about such pending writ petitions from the Registrar Generals of all the High Courts, and thereafter, these writ petitions shall stand transferred to this Court for analogous consideration along with the main matter," the top court ordered.

Advocate General A Kumar with advocate ER Chyne represented the State before the Meghalaya High Court.

The petitioner, Senior Advocate K Paul, appeared in person.

Advocate S Dey represented the Shillong Municipal Board.

[Read Order]