NGOs can't assume powers of law enforcement agencies: Court

Voluntary organisations cannot assume powers of law enforcement agencies, a Delhi court has observed while pulling up an NGO worker for getting seven buffaloes detained, saying she did it "in connivance" with an animal care centre.
The court made the observation while dismissing the plea of a woman petitioner, member of an NGO, against the release of the buffaloes from the Sanjay Gandhi Animal Care Centre and imposed an exemplary cost of Rs one lakh on her to be deposited with Prime Minister's National Relief Fund.
"There is no law which permits the voluntary organisations or so-called NGOs themselves to assume powers, jurisdiction, duties and responsibilities of law enforcement agencies and replace the police machinery in this regard," Additional Sessions Judge Lokesh Kumar Sharma said.

The court said the petition filed by the woman, a member of NGO Gau Gyan Foundation, appeared to be an attempt to gain "cheap popularity" and waste the court's precious time as the woman did not have locus standi to approach the court in the absence of an FIR in the matter.
"Present petition appears nothing but an attempt on the part of the petitioner to somehow gain cheap popularity and is the sheer wastage of precious time of this court as the petitioner has failed to make out her locus standi to file the present petition as she is neither the IO of the case, nor the complainant in any case qua the present animal stock.

"Instead of pursuing her matter for lodging of a valid FIR against the alleged cruel treatment of animals by their owner/occupier, petitioner sat over the matter quietly and in a satisfied manner after recording of the DD (daily diary) Entry," it said.

The judge said "it is interesting to note that petitioner herself has pleaded for payment of charges to the Sanjay Gandhi Animal Care Centre, whereas the centre itself had chosen to remain silent on this aspect, which goes to show that she was in connivance with the centre."
The court also noted that since there was no FIR in this case, "hence, neither any investigation was required nor the animal stock could have been detained at the Sanjay Gandhi Animal Care Centre."

"Hence, the revision petition is dismissed being devoid of any merits with exemplary cost of Rs 1,00,000 to be deposited with Prime Minister's National Relief Fund by the petitioner."
The court noted that on September 11, the woman had lodged a complaint against some unknown persons for allegedly transporting seven buffaloes for slaughtering. After recording the DD, the buffaloes were taken away from the owner by the police and sent to the animal care centre and the woman did not get an FIR registered.
The owner pleaded before a magisterial court seeking release of the buffaloes - four adults and three calves - which was allowed, with the court saying he was the genuine owner of those animals.