The court also questioned the Delhi government on how it allowed the North India Derby horse race which is scheduled to take place in Delhi Golf Course on February 27.
The court's query came when it was informed that so far 46 horses have tested positive for glanders in the national capital and the infection spreads very fast.
As per a January 15 notification of the Delhi government, no equine movement to and from the national capital is allowed for three months to check the contagious infection.
The matter reached the high court when an owner of two horses approached it saying they were not allowed to participate in the North India Derby horse race which is scheduled to take place in Delhi Golf Course on February 27, as they would be brought from Mumbai.
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Delhi government's Additional Standing Counsel Naushad Ahmed Khan said the notification was issued in public interest and 46 cases of infection have been detected so far. Horses were allowed in Republic day celebration as it was an "extraordinary situation" and the horses belonged to armed forces.
He added that once infected with glanders, there is no cure.
Petitioner firm Blazing Saddles said it owns 40 high pedigree horses stationed at Delhi, Mumbai and Bengaluru and they have won various competitive races across India.
Senior advocate Dayan Krishnan, appearing for the firm, said they have certification from a notified laboratory of Hisar that the two horses -- Brainstorm and Cambridge -- are free from glanders and they are ready to undergo the test again.
As per the provision of the Animals Act, no person or organisation can conduct any activity which involves gathering or grouping of any species of animal within a controlled area.
The court said if other animals who were disease free were allowed to participate in the event, the firm's two horses should also be allowed if they are not carrying the infection and observed that the government has to ensure that its protocol is applied equally.
The court listed the matter for tomorrow for further proceedings.
The firm also said in its plea that the age of the two horses is four years and they would not be eligible to participate in the Derby next year as the race is conducted for horses of the age of four years only.
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