Thaindian News

New Delhi, Sep 5 (IANS) A legal issue became an obstacle between a cow and its calf when a Delhi Court Monday refused to pass an order on a plea seeking release of the cow from the custody of the Municipal Corporation of Delhi (MCD) to suckle the calf. The court also expressed shock over the death of 46,000 stray cattle held by the civic agency.

A trial court was hearing a petition of Ved Prakash seeking release of his impounded cow from the custody of the civic agency on the ground that its two-and-half month old calf was starving.

Accordingly, Chief Metropolitan Magistrate (CMM) Vinod Yadav directed the agency to produce the cow and its calf before him so that the mother and child could meet each other.

However, the MCD did not produce the cow saying that if they release the cow it may lead to initiation of contempt proceedings as the stray cattle were seized following an order of the Delhi High Court.

Refusing to pass any order, the court, fell short of deciding the plea and said: “I have some limitations and I cannot exceed them. The high court can do something in this regard under Article 226 of the Constitution.”

“Give the calf to the MCD and let it be an anti-climax now. I know it is a very sad situation. I really cannot do anything,” the judge said, while dismissing complainant’s plea.

“Be as it may, it is for the appropriate authority to take note of this figure (on death of cattle) and take appropriate action in accordance with law. This court cannot pass any order in this regard,” he said.

The MCD, however, said the mortality rate has come down considerably to 28 cattle per day from 73 earlier.

It opposed the plea of Prakash for release of his cow, saying it was “a stray cattle” and its release may invite contempt action from the high court.

The MCD alleged the complainant did not even register his cow with it, which is mandatory.

Expressing inability to decide the plea, the court said: “I just wanted the mother (cow) to be produced in the court because here the calf is suffering. Either you (MCD) give the cow back to her owner or take away the calf also. But I do not want to commit a sin here by separating a child from its mother.”

The complainant, however, did not agree to the offer of the MCD that the calf also be handed over to `Gaushala`.

“I will appeal before the higher court,” said Prakash outside the court room.

Meanwhile, the court expressed shock over the death of 46,000 stray cattle in the custody of the civic agency in last three years.

“This is a shocking state of affairs. Isn’t it? More than 90 per cent cattle have died,” said the judge in his order.

The court took a strong note of the MCD’s reply to a query that out of 49,000 stray cattle seized by it, 46,000 have died in various `Gaushalas` maintained by the agency.

The civic agency picked up 49,874 stray cattle from Jan 1, 2007, to Sep 30, 2010, and out of them, 46,478 have died.