Stray dog menace: SC refuses to allow state chief secretaries to appear virtually on Nov 3

The Supreme Court on Friday turned down Solicitor General Tushar Mehta’s request to allow chief secretaries of states, except those of West Bengal and Telangana, to appear virtually before it on November 3 in the stray dog menace case.

"When we require them to come and file compliance affidavits, they are just sleeping over it. No respect for the order of the court… Then alright let them come," a Bench of Justice Vikram Nath and Justice Sandeep Mehta told the Solicitor General after he mentioned the matter before a bench of Justices Vikram Nath and Sandeep Mehta, which made it clear that the chief secretaries will have to appear physically before the court on November 3.

Instead of appearing physically, the chief secretaries could be allowed to appear before the top court virtually, Mehta urged the Bench.

Earlier, the Bihar Chief Secretary had sought exemption from personal appearance in view of the upcoming state Assembly elections on November 6 and 11. But the Bench had declined his plea. “There is an Election Commission to take care. Don’t worry. Let the chief secretary come,” it had said.

Taking strong exception to non-filing of affidavits in the stray dog menace case, the Supreme Court on October 27 directed the chief secretaries of states and Union Territories, other than those of West Bengal and Telangana, to appear before it on November 3 to explain why compliance affidavits were not filed.

The Bench noted that only the Municipal Corporation of Delhi and states of West Bengal and Telangana have filed their compliance affidavits following its August 22 order.

It had slammed the other states and UTs for not filing compliance affidavits regarding the steps taken by them to implement the Animal Birth Control (ABC) Rules.

Stating that its August 22 contained everything, the Bench lamented that there was no representation on behalf of the defaulting states during the hearing despite notices having been issued to all States/UTs and the fact that the order was widely reported in the media.

"Didn't the officers read newspapers or social media? Haven't they read...even if they are not served they should have been here? All Chief Secretaries to be present here on November 3 ... We will hold court in an auditorium," the Bench said.