A Delhi court has directed the magisterial court to reconsider a plea of a dog lover, who was held guilty of creating nuisance in public and disturbing the peace of residents by keeping 18 canines in his house here.
Additional Sessions Judge Vikas Dhull's order came on an appeal of south Delhi resident Gokul Nair, who alleged that he was not given an opportunity to lead evidence in his defence, to show that no nuisance was being created by him by keeping 18 dogs in his flat.
"In the opinion of this court, holding revisionist guilty solely on the basis of inquiry reports of MCD is illegal and unjustified as revisionist (Nair) was never supplied with the copy of inquiry reports dated December 4, 2012 and December 19, 2012 and neither he was afforded any opportunity to make submissions or lead evidence in his defence with regard to inquiry reports.
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Nair had moved the sessions court against March 19, 2013 magisterial court decision, which had asked him to pay a cost of Rs 10,000 to Resident Welfare Association (RWA) of Vasant Kunj in south Delhi and allowed him to keep only two of the 18 dogs of his choice.
The trial court had also directed Commissioner of South Delhi Municipal Corporation to remove 16 of 18 dogs out of the custody of Nair and place them in a shelter home.
While setting aside the lower court's order, the sessions judge observed that the magisterial court had "committed grave illegality" in finding Nair guilty on the basis of MCD inquiry reports, without supplying the copy of findings against him.
Allowing Nair's plea, the court said that the copy of the report shall be given to him along with an opportunity to make submissions regarding the inquiry reports.
"...Lead evidence in his (Nair) defence in respect to inquiry reports and thereafter pass an appropriate order based upon the material which comes on record," the court said, adding that all the parties are directed to appear before the trial court on October 23.