Police Station City,
Subject: FIR against Managing Partner of Jumbo Circus Shri Ajay Shankar and Shri Ashok Shankar etc for the Violation of the section 3, 11 and 38 of the Prevention of Cruelty to Animals Act, 1960 read the Wildlife Protection Act, 1972 and 120-B, 420, 428-429 IPC / CITES regarding.
Kindly refer to the Jumbo Circus stationed at Rohtak up to October 17, 2011 and now camp at Panipat and regular performance with the blind Hippo, docked tails dogs, cats, feather chopped birds and Elephants are being abused with the ban iron ankush.
Please find enclosed here with the Rajasthan High Court (Jaipur Bench) orders banning on iron ankush on elephants, blind hippo can’t performed, docking of dog tails is also an offense and all performing animals should be registered with the Animal Welfare Board of India – AWBI and pre transport permit is also necessary before shifting of animals as per section 96-97 of the Cattle Transport Rules, 1978 amended in 2001, camels are being shifted in a very cruel manner, birds feathers are chopped.
Where as Jumbo circus have many docked tails dogs, cats, Elephants and blind hippo to perform, AWBI reports says that the Board has issued the registration of following animals vide letter of even number dated 13.5.2004:-
Elephant – 8, Horses – 13, Dogs – 13, Hippo – 1, Parrots – 15, Camels – 3, Pelicans – 1. In continuation to the above, few animals were added by the above Circus and the same was registered by the Board vide letter of no.8-2/1277/P-2009 FC dated 7th September, 2009:-
Donkey -2, Goat – 1, Turkey -2, Dog – 13, Persian Cat -8 and Emu – 1 but all these animals are not with the circus, might be placed on hire or performing with some unidentified similar name circus in Kerala or else where, in case of exotic species CITES instructions may kindly be looked in to.
Camels and Elephants are being shifted in a very cruel manner from Rajasthan to Panipat via Rohtak and rest of the animals are being shifted with out proper documents, pre transport permit of AWBI, where as the cage of the blind Hippo is also not up to the mark as defined in the legislation's concerned, docking tail of a dog / chopping feathers of a birds are also offense under the Prevention of Cruelty to Animals Act, 1960 read with the CITES / WP Act, 1972 along with IPC 120-B, 420 misreporting / cheating public because Jumbo circus released posters in which blind Hippo which is banned by the CWLW along with docked tail dogs were offered to perform to attract public. In case of elephants Jumbo circus don't have the proper equipments like tranquilizer gun, Veterinarian etc to handle these animals in emergency.
So video recording is essential during loading, shifting, housing and performance of animals, inbreeding be stopped and all animals should be sterilized, cc tv camera's be installed to watch movements of the public, to avoid any mishap in public interest.
so all these animals may kindly be rescued and FIR against owners of the Jumbo circus stationed at Panipat may be lodged for the violation of the section 3, 11, 38 of the Prevention of Cruelty to Animals Act, 1960 read with the Wildlife Protection Act, 1972 along with 120-B, 420, 428-429 IPC / CITES.
The CZA’s order stated that elephants were banned from zoo collections throughout the country with immediate effect. All captive elephants in zoos should be rehabilitated in elephant camps, rehabilitation camps or facilities available with the forest department at national parks, wildlife sanctuaries or tiger reserves for departmental use. The CZA ruling has found that the housing of elephants in zoos causes trauma to the animals as they need larger space to move around.
PFA Haryana –www.pfaharyana.in is ready to rehabilitate all rescued animals during court trials. Central Zoo Authority directed to the Delhi Zoo Director to send their Veterinary Surgeon to inspect the blind Hippo, where as Mini Zoo at Bhiwani also waiting for blind Hippo rescue and rehabilitation after seizure.
Chairman, PFA Haryana and Representative of the OIPA in India,
C-38, Rose Apartment, sector – 14, Rohini, Prashant Vihar, DELHI – 110085.
Mobile – 9813010595 Email – [email protected]
1. The Chief Wild Life Warden, Haryana. He is expected to issue directions to all field functionaries for strict compliance of the Rajasthan High Court (Jaipur Bench) orders banning iron ankush, these orders are already sent for appropriate orders. He is further requested to rescue the Laxmi female elephants from the possession of the Wildlife SOS at Agra because this female elephants belongs to Haryana and notice u/s 55 already issued by us many years back, like wise unregistered Elephants with the CZA is performing at Gurgaon with Apollo Circus with the criminal conspiracy of the field officials.
2. The Member Secretary, Central Zoo Authority of India, New Delhi. He is expected to issue directions to the Veterinary Surgeon of the Delhi Zoo through its Director to examine the blind Hippo now stationed in Jumbo Circus at Panipat, if found medically unfit then this animal be rescued and rehabilitated with Mini Zoo at Bhiwani.
3. The Chairman, Animal Welfare Board of India, Chennai. He is expected to review the registration as performance animals for all animals registered with AWBI as per rules made out by the Central Government under section 38 of the Prevention of Cruelty to Animals Act, 1960:
A. Blind / Sick / Injured / medically unfit animals like blind hippo with Jumbo Circus and how regularly performance registration renewed till date and why this blind animal is being compelled to perform?
B. Feathers chopped birds and how their performance registration is being renewed regularly till date?
C. Docked tails dogs, how their performance registration renewed till date and Jumbo circus at Panipat have docked tails performing dogs?
D. Iron ankush is being used on all animals and Rajasthan High Court (Jaipur Bench) have passed an order banning iron ankush then how and why AWBI found elephants as eligible performing animals, where as iron ankush has been used to control?
E. Camels are being abused during transportation from one place to another by road transport with our prior permit from AWBI as per section 96-97 of the Cattle Transport Rules, 1978 amended in 2001 then how and why AWBI issuing registration certificates to all?
4. The Director, Animal Welfare Division (Government of India), New Delhi. He is requested to ask AWBI to cancel the registration of camels, blind Hippo, docked tail dogs along with feathers chopped birds, confiscation as well. He is further requested to amend the ban on six performing animals notification and include docked tail dogs, camels and feather chopped birds. Introduce legislation for Camel and Elephant transportation, Emu and Rabbits breeding. Expedite the Animal Welfare Act, 2011 / Ban on Peacock feathers trade / Rules for dog breeding's / Pet shops and fish aquarium.
5. The Deputy Commissioner at Panipat. He is requested to constitute a panel of the Veterinary Expert to examine all performing animals with the Jumbo Circus at Panipat under video recording.
Complaint has been lodged by Naresh Kadyan with the Police Station, Rohtak City bearing No. 127-5 PII dated October 19, 2011 Book No. 19, Receipt No. 64 and with the SHO, Panipat City.
It would be pertinent to mention here that during the stay of Jumbo circus at Bhatinda, the Central Zoo Authority of India issued directions for blind Hippo rehabilitation with the Chhatbir Zoo vide their letter No. 19-53 / 92-CZA(224)(N) dated November 7, 2002 and now the Chief Wildlife Warden of Haryana banned the performance of the blind Hippo and use of Iron Ankush on elephants vide letter No. 2564-66 dated October 21, 2011. So OIPA in India and PFA Haryana demanding immediate confiscation of blind Hippo, docked tails dogs, cats, abused horses, camels, feathers chopped birds and elephants.
Exotic Birds, which are covered by CITES (Convention of International Trade in Endangered Species) needs attention.
Big scandal in the history of Indian circus exposed by the OIPA in India and PFA Haryana. Jumbo circus have two branches with out approval, which is against the legislation's concerned but AWBI, AWD, CZA and all state CWLW are cheated by the Jumbo circus management, one branch of Jumbo circus at Panipat and another unit playing since 30.09.2011 at Nagampadom Maidan,Kottayam, Kerala. CZA sent a Veterinarian from Delhi Zoo to inspect all performing animals but concerned deputed veterinarian never visit second illegal units, where as AWBI deputed raw person co-opted member to kill the investigations. OIPA in India demands immediate rescue of all abused animals, FIR and arrest of all members of the management including owners, WCCB / CBI may be asked to investigate big scandal, how AWBI / CZA allowed these blunder crime against performing animals, tainted official's of the AWBI / CZA be booked and all performing animals registered by the CZA / AWBI be looked in to during investigation by the WCCB / CBI, where as many circuses have illegal exotic birds / animals.
6. The Additional Director, Wild Life Crime Control Bureau (Ministry of Environment and Forest), New Delhi to take cognizance.
7. Hon'ble Mr. Chief Justice, Supreme Court of India, New Delhi with humble request to look in to the facts mentioned above for consideration as PIL in the interest of natural justice.
Again local administration, AWBI and CZA failed to perform their official duties, Pelican ownership never checked being an protected species under the Wildlife Protection Act, 1972 along with other birds.
Now Jumbo circus moving to Patiala.
NOTICE BEFORE THE CWLW, HARYANA u/s 55 of the Wild Life Protection Act, 1972 :
1. Ajay Shankar,
2. Ashok Shankar,
3. Jumbo Circus through its partner Ajay Shankar and Sh. Ashok Shankar, HUDA Ground, Circus sec13-17, Panipat.
COMPLAINT U/S 3, 11, 38 OF THE PREVENTION OF CRUELTY TO ANIMAL ACT, 1960 READ WITH WILD LIFE PROTECTION ACT, 1972 AND 420/268/120-B OF THE INDIAN PENAL CODE.
The complainant respectfully submits as under:-
1. That the complainant is law abiding citizen of India and permanent resident of the above address.
2. That the complainant is working to save the lives of animals and birds, protecting them from unnecessary pain and sufferings and is founder Chairman of P.F.A Haryana and is also representing United Nations affiliated the International Organization for Animal Protection – OIPA in India, where as it is his fundamental duties as well, as per article 51 A(G) of the Constitution of India.
3. That the accused no.1 and 2 have camped their Jumbo Circus in HUDA Ground, Sec.13-17, HUDA, Panipat. The accused no.1 & 2 are causing cruelties to the animals and birds like as sick Hippo, elephants, horses, cats, docked tail dogs, feathers chopped parrots, camels, pelicans etc. Exotic species are covered under CITES (Convention of International Trade in Endangered Species) and Pelicans covered under the Wild Life Protection Act, 1972. Animal Welfare Board of India - AWBI has issued the registration of following animals vide letter of even number dated 13.5.2004:-
Elephant – 8, Horses – 13, Dogs – 13, Hippo – 1, Parrots – 15, Camels – 3, Pelicans – 1.
In continuation to the above, few animals were added by the above Circus and the same was registered by the AWBI vide letter of no.8-2/1277/P-2009 FC dated 7th September, 2009:-
Donkey -2, Goat – 1, Turkey -2, Dog – 13, Persian Cat -8 and Emu – 1.
Whereas proper ownership certificate / permit to import the exotic species is mandatory as per set procedure, legislation’s concerned. It would be pertinent to mentioned here that Jumbo circus don’t have all above mentioned performing animals, might be left with some another unidentified place or unregistered circus for personnel profit and gains. Camels can’t be shifted in a tied leg position but Jumbo circus shifting these camels in small vehicles leg tied position, which is also a violation of the Prevention of Cruelty to Animals Act, 1960. Pelicans being an protected birds under the Wild Life Protection Act, 1972 its permit to import / ownership is compulsory.
4. That the accused no.1 & 2 have shifted the Hippo, camels, elephants along with rest of animals and birds in a very cruel manner from Rajasthan to Panipat via Rohtak and these animals have been shifted without proper documentation, As well as without certificates of Fitness from competent authorities as per Rule 96 of transport of animals Rules 2001 under PCA Act 1960 / pre-transport permit required as per section 96-97 of the Cattle Transport Rules, 1978 amended in 2001 and these rules have been framed as per section 38 of the Prevention of Cruelty to Animals Act, 1960.
5. That the accused persons have not arranged for standard cage for the Hippo, as defined in the Performing Rules, The animal is kept in water littered by its fasces and urine. sick animals can’t be shifted from one place to another, nor compel to perform. The accused no.1 & 2 have advertised in all the villages, including City of Distt. Regarding show of Hippo, like wise feathers chopped birds along with the docking tail dogs (The advertise pamphlet is attached herewith for the kind perusal of this Hon’ble court), where as the Chief Wild Life Warden, Haryana ban the performance of sick Hippo along with the use of Iron ankush on Elephants. It is pertinent to mention here that the Hippo being exhibited in this circus publicity material is blind one and the accused no.1 & 2 cannot show the items of the Hippo in the circus, nor use its name / image to attract public. (Booklet containing guidelines issued by Animal Welfare Board of India regarding treatments to innocent animals by circus holders having title “CIRCUSES” is also attached for kind perusal of this Hon’ble court). It is also pertinent to mention here that the Additional PCCF cum Chief Wild Life Warden, Haryana has issued letter no.2564-66 dt. 21.10.2011 and directed the District Authority to give permission to the Jumbo Circus with the condition not to show the item of the Hippo. The accused no.1 & 2 are not obeying the above said directions and are showing the Hippo in the circus publicity material. In fact, the accused no.1 & 2 are causing cruelties to the animal and birds in the show of their circus and the animals are not being provided proper food, shelter in the defined size of cages, medical treatment for ailing animals and are kept in a pathetic condition, no proper space for exercise and no regular / full time veterinarian appointed and they are not submitting regular monthly reports to all concerned as necessary under the Performance Rules. Feathers chopping of a birds and docking tail of a dog is also a crime against the Prevention of Cruelty to Animals Act, 1960.
6. The complainant being an Animal Welfare Activists has complaint to the animal welfare Board Govt. of India on 17.10.2011, the assistant secretary of the Board after taking the cognizance the letter of the complainant has wrote a letter bearing no.9-14/2001/PCA dt.24.10.2011 but the district administration in collusion with accused no.1 and 2 has not taken any action against him. The District Collector has not called the complainant for the enquiry of the animals.
7. That the accused no.1 & 2 are compelling the blind Hippo, feathers Chopped birds, tails docked dogs, camels are using for the show in the circus and causing the cruelties to the above said animals and birds. The chief wild life warden Haryana has issued directions to all the field functionaries for strict compliance of the Rajasthan High Court (Jaipur Bench) orders banning iron Ankush to control the elephants. But the accused no.1 and 2 are using iron Ankush to control the elephant and other animals. So, in this way, the accused no.1 and 2 causing cruelties to the animals and birds and have committed the offence mentioned in the head note of the complaint. Tranquilizer gun along with other necessary equipments are also required to handle the Elephants in emergencies, training as well, as per legal provisions and guidelines issued by the concerned authorities from time to time, micro chipping of elephants are also required.
8. That the complainant has lodge a complaint to the SHO City, Panipat and Deputy Commissioner, Panipat for taking legal action against the accused no.1 and 2 but the police of P.S. City, Panipat in collusion with the accused no.1 and 2 has not taken any legal action against them. In this way, the accused no.1 and 2 have committed the offence u/s 3,11,38 of the Prevention of Cruelty to Animal Act, 1960 read with the Wild Life Protection Act, 1972 and 420/268/120-B of the Indian Penal Code.
9. That the accused no.1 and 2 are causing the cruelties on the animals and birds at Huda Ground, Sector 13-17, HUDA Panipat so this Hon’ble court has got jurisdiction to try and entertain the present complaint.
10. That the abused animals be sent to the Infirmaries as defined and set up under section 35 of the Prevention of Cruelty to Animals Act, 1960. It would be pertinent to mention here that Mini Zoo at Bhiwani have proper space to keep sick Hippo and Govt. of Haryana might have sufficient funds to get treatment and care of this exotic species. Rest abused animals can be rescued and rehabilitated with the many recognized NGO’s / animal shelters.
11. The Bird pelican is protected under Wildlife Protection act and it is illegal to keep this bird in captivity without a valid ownership Certificate issued by competent authority under wildlife protection act 1972.The respondent’s may kindly be directed to produce the ownership certificate of pelican and in failure of act the respondents may be tried for violation of Wildlife Protection act 1972.
12. That Jumbo circus might be fined during their stay in Punjab for the violation2002s of the Wild Life Protection Act, 1972.
13. That the Central Zoo Authority of India also directed to the Wild Life Authorities of Punjab to rehabilitate blind Hippo, whereas then Member of the AWBI Dr. Sandeep Jain also reported about the sickness of the Hippo and rest birds were found without ownership, which is the violation of the CITES (Convention of International Trade in Endangered Species) read with the Wild Life Protection Act, 1972.
14. That the proper court fee has been affixed on this complaint.
It is, therefore prayed that the above said complaint may kindly be sent under section 156(3) Cr.P.C. for lodging the FIR against the accused persons and further prayed that accused persons may kindly be punished u/s 3,11,38 of the Prevention of Cruelty to Animal Act, 1960 read with the section 38-H / any other section of the Wild Life Protection Act, 1972 and 420/268/120-B of the Indian Penal Code.
Naresh Kumar Kadyan son of Sh. Om Parkash Kadyan, Chairman P.F.A Haryana, representing OIPA in India, r/o C-38, Rose Apartment, Sector 14, Rohini, Parshant Vihar, Delhi-110085.
Where as AWBI have double standard, why they enrolled docking tail dogs and feathers chopped birds being an offense under the PCA Act, 1960. Pelican being an protected animal under the Wildlife Protection Act, 1972 was registered with out proper documents like ownership and no circus is able to transport camels with out tied their legs, integrity of AWBI and CZA officials are doubt full, where as AWBI deputed inexperienced so called gifted position by the Chairman co-opted member was deputed to kill investigations. All circuses failed to keep regular veterinarian, blind Hippo is allowed to continuously abused / transported in sub standard cage / unhygienic conditions. AWBI registered animals with out keeping in view concerned legislation's, unnecessarily animals are granted to Jumbo circus to abuse for their personnel gain and profit because Jumbo circus was allowed to perform two places....one at Panipat and another one in Kerala.....WHY?
Hence OIPA in India - www.oipa.org demands:
1. Immediate rescue of all abused animals after taking legal actions against the circus.
2. WCCB / CBI inquiry, why and how these animals were registered with the AWBI / CZA and all concerned officials failed to perform their official duties?
3. Why AWBI co-opted untrained people as co-opted members of AWBI, in fact many co-opted members are gifted by the Ram Mehar Kharaab (Khareb) ignoring active / efficient people?
4. How Jumbo circus have two branches and who allowed then and why division of animals for two places?
5. AWBI so called co-opted member reports be called and read with the Dr. Sandeep Jain reports submitted in 2002 and why action was not taken against Jumbo circus and why co-opted member submitted his false reports under influence of the Chairman, AWBI / might be bribed for fake reports because he has concealed facts.
Question before AWBI:
How AWBI registered 8 Elephants, where as Jumbo circus have only 6 female Elephants and male Elephants belongs to Ahok Shanker in individual capacity and who allowed Jumbo circus to breed Elephants because due to this male Elephants, one female was pregnant and delivered a calf in captivity, might be this male Elephants was purchased illegally for breeding, this male Elephant ownership needs attention, investigation?
Question for CWLW / CZA:
How Chief Wild Life Warden, Haryana allowed transit permit for male Elephants on behalf of Jumbo circus, where as this male Elephants belongs to Ashok Shanker in individual capacity and why CZA allowed male Elephants to Jumbo circus with out their ownership, calf Elephants also be confiscated with out any further delay?
At last Jumbo circus slapped on the system and ran away from Panipat along with blind Hippo to Patiala in Punjab, where as we appreciate Naresh Kadyan tireless and commendable services for animals.
Male elephant calf was born in the captivity but now replaced with the female calf elephant, which is illegal and all enforcement agencies of Haryana, Punjab, AWBI, WCCB and CZA are not confiscating abused animals creating doubt, put question mark on the integrity of the officials concerned.