Additional Sessions Judge Shail Jain stayed the order of a magisterial court which had ordered release of the cattle to their owners and observed there was serious allegation of committing cruelty against the oxen.
"The judgement titled.... Is latest judgement of the Supreme Court, hence needs to be applied to the given facts, coupled with the fact that there are serious allegations of committing cruelty against 62 oxen which were recovered in bad conditions while being transported to Rajasthan for slaughtering. Therefore, in the light of the above discussion, I am of the opinion that it is a fit case where the impugned order passed by the trial court is to be stayed till further orders.
The order of the CMM was challenged by NGO, People for Animals, which had lodged an FIR on the basis of an information regarding transportation of 64 cattle, out of which two died, and had got impounded four trucks packed with the oxen. The animals were recently rescued in Delhi when they were being taken to Rajasthan.
The revision petition, filed through advocate S D Windlesh, sought setting aside the order of the trial court saying the CMM's decision was "unreasoned" and it erred in coming to the conclusion that the owners can provide better care than the Gosadan (cow shelters) in this case where they had been "most inhuman with these oxen and had left nothing to keep them alive and it was the mercy of the Almighty that they were found alive in these circumstances".
The investigating officer of the case was also directed to submit a detail report in respect to the presence of oxen in Gosadan in Bawana here.