The Supreme Court today issued notice to Gujarat government on a plea challenging the High Court order declaring 'right to fly' as fundamental right of the birds which effectively banned keeping them in cage.
A three-judge bench headed by Chief Justice H L Dattu sought response from the government on the PIL filed by Pet Lovers Association on the issue.
Senior advocate Salman Khurshid, appearing for the association, said that there are already laws in place to protect birds who can be domesticated.
He said that the High Court order that they have the fundamental right to fly is a flawed one and required to be struck down.
The Gujarat High Court, in 2011, had held that the birds cannot be caged as they have the right to fly.
Earlier, the court had refused to entertain an appeal against the High Court order on the ground of delay and had rather suggested to Khurshid to file a PIL instead.
