Captive black buck needs your attention and support in India - Naresh Kadyan

Arrest of all accused and legal action against faculties of wildlife sciences of the AMU- OIPA India

Greetings,

Whereas deliberate offence under the Indian Wild Life (Protection) Act 1972 has been committed by the wildlife laws literates namely Prof. Jamal A. Khan, Dr. Afifullah Khan and other staff of the Department of Wildlife Sciences, Aligarh Muslim University (AMU), I hereby give legal notice of 60 days under section 55 of Wild Life (Protection) Act 1972. My intention to file a complaint in the Competent Hon’ble Court of Law for violation of sections 38, 39, 40 and 51, 63 and other relevant section(s) of the said act, section 11 Prevention of Cruelty to Animals Act 1960 and IPC 120 – B.
As a matter of fact, a black buck – a Scheduled I protected wild animal under the Indian Wild Life (Protection) Act 1972 was captured with criminal intentions by the Dr. Jamal A. Khan and was illegally detained in AMU in conspiracy with Dr. Afifullah Khan (the then chairman) and other staff of the said institution for period more than a year without prior permission of the concerned Wildlife Warden/ Chief Wildlife Warden. The said animal was even kept for children and students display with without prior permission from the Central Zoo Authority of India and Hon’ble Supreme Court of India during chairmanship tenure of Dr. Afifullah Khan and Jamal A. Khan. Cage(s) was constructed to keep black buck and other animals misusing government funds whose audited records are available in the Finance Department of AMU. Now when protected animal has been seized by the local forest officers from the illegal custody of the Wildlife Department AMU whose present custodian is Dr. Jamal A. Khan on the news of Dainik Jagran dated 03.07.2011 and hurriedly released back in unsafe semi rural locality of Aligarh by Dr. Jamal A. Khan and others in consultation with local forest officials, the undersigned has following and many other questions from the concerned wildlife officials of U.P. government;
1. Why animal was released before verifying the facts that how long this animal was kept in the captivity and from where animal was captured and reasons behind capturing?
2. From which locality the said animal was captured and in which vehicle in which it was illegally transported to AMU from the place of its capture?
3. Whether a medical examination of the said animal was carried out by a qualified veterinary doctor after its seizure? If yes, what does medical report say? If no, reason thereof.
4. Whether blood samples of this animal were collected and properly examined after seizure? If yes, where samples are at present and details of report? If no, reason thereof?
5. Whether cage in which animal was illegally kept in AMU has been taken over by the forest dept in its custody at the time of seizure? If yes, give name of the police station or forest office where the cage is being kept presently. If no, reason thereof.
6. Whether proper assessment of natural habitat of animal was done before its release? If yes, what is the carrying capacity and conditions of food, water, shelter, etc. of the locality where animal was released? If no, reason thereof?
7. Is there a population of black buck in the released area? If yes, what is the status of that population?
8. Is released animal being followed by researcher(s) or others as part of post release monitoring strategy? If yes, details of current status of animal, and name and designation of the competent authority who has granted research permission. If no, reason thereof.
9. Why concerned authorities of the Wildlife Department of AMU have not been booked for the violation of the Wild Life (Protection) Act 1972 so far and legal proceedings have not been initiated against them in the competent court and police station? If no, reason thereof.
10. Is there any intimation given by the offenders to the local Police or concerned wild life officials / DFO concerned about this scheduled one black buck before seizure? If yes, to whom and date and diary no. and evidences of action taken by the concerned official.
11. Why animal was released in an unsafe semi rural locality of Aligarh for its fate in the hands of hunters and without following pre rehabilitation wildlife management protocol and post monitoring strategy as per advice of Prof. Jamal A. Khan and his colleagues?
I have following documents with me collated from various sources as evidences of proof of the violation of the said act and hence placing this open notice as a law abiding citizen of Republic of India under section 55c of the Indian Wildlife (Protection) Act 1972 before the Chief Wildlife Warden of U.P. with a copy to the Principal Secretary (Forests) of U.P., Principal Chief Conservator of Forests of U.P., CEO Central Zoo Authority of India to initiate legal proceedings against above said offenders under sections 38, 39, 40 and 51, 63 and other relevant section(s) of Indian Wild Life (Protection) Act 1972, section 11 of Prevention of Cruelty to Animals Act 1960, IPC 120 – B and relevant law of misusing government funds with out any further delay and departmental action against all tainted officials for their dereliction in performing duties to protect offenders.
A scheduled black buck wild animal was found in illegal captivity of Aligarh Muslim University campus, same was rescued by the UP Wildlife officials with out any legal action against offenders and OIPA in India lodged FIR No. 491 on dated 9th July, 2011 with the Civil Lines Police Station, Aligarh but local Police failed to impose relevant sections of the Wild Life Protection Act, 1972 in the FIR, where as all relevant sections as per complaint were duly imposed in the general diary of UP Police.

Hence United Nations affiliated the International Organisation for Animal Protection - OIPA chapter in India appeal you all to direct the concerned officials to act as per law of the land, tainted UP wildlife officials also be booked / placed under suspension for not performing their official duties. The OIPA in India already served a notice to all concerned as per section 55 of the Wild Life Protection Act, 1972.

OIPA in India further appeal you all to please ask the Additional Director, Wildlife Crime Control Bureau ( Ministry of Environment and Forest ), New Delhi to investigate the matter in the interest of natural justice.
Immediate arrest of all five accused's of the faculties of wildlife sciences of the Aligarh Muslim University.

We all are appreciating Naresh Kadyan dare steps in the interest of wild animals and endorsed all points and demands raised by him as above.
Matter taken up with the Govt. of UP vide No. GOVUP/E/2011/00466 dated 6th July, 2011 through Department of Administrative Reforms & Public Grievances and Shri Narved Singh, Under Secretary, Chief Minister Secretariat, U.P. Secretariat, Lucknow looking after the issue.

TO WHOM IT MAY CONCERN :
Being an complainant of FIR No. 491 dated 9th July, 2011 with the Police Station Civil Lines, Aligarh, United Nation affiliated the International Organisation for Animal Protection - OIPA chapter in India feels that powers and authority should be delegated to the UP Police officers above the rank of Sub Inspector like Haryana Police pattern. It would be pertinent to mention here that authorized UP Police officials be prepared and move complaint before the competent Magistrate to try and decide the matter, instead of charge sheet, because Haryana Police moved a charge sheet against Mansur Ali Khan Pataudi and his team members for hunting of black buck along with two hares before the Special Environment Court at Faridabad but same was set-aside by the Additional District Session Judge, Faridabad. At present on the basis of complaint, moved as per legal provisions defined u/s 55 of the Wild Life Protection Act, 1972 their trials are in progress.
OIPA in India further demands, a Special Court / Fast track court be set up in UP to try and decide crime against Wild animals for natural justice.
FIR NO. 491 dated 9th July, 2011 should be handed over to the Wildlife Crime Control Bureau, New Delhi for transparent investigations because UP Police and Wildlife Departments are seems to be supportive to the accused being an most effective high profile offenders.
Naresh Kadyan,
Rep. of OIPA in India - www.oipa.org

To,

S.S.P. Aligarh

The complaint Shri. Naresh Kadyan, Representative of the International Organization for Animal Protection - OIPA in India, Chairman, People for Animals Haryana, +91-9813010595 , is being forwarded for enquiry and necessary action. If there is no legal hassle regarding this matter then kindly send brief reply to the complainant regarding action taken.

Addl.S.P. (P/G),

D.G.P. Hqrs, U.P.
Lucknow.
All evidences and proof of crime against black buck has been collected by the IO of FIR No. 491 lodged by Naresh Kadyan.
Sincerely,

[Your name]