NEW DELHI: In a significant decision coming two days after Justice J B Pardiwala-led two-judge bench’s controversial order for removal of all stray dogs from Delhi and NCR streets, Chief Justice B R Gavai Wednesday withdrew the case from that bench and posted it for rehearing on Thursday before a three-judge special bench led by Justice Vikram Nath.In the much-criticised Aug 11 order, Justices Pardiwala and R Mahadevan had directed Delhi and NCR civic authorities to “start picking up and rounding up stray dogs from all localities of Delhi, Ghaziabad, Noida, Faridabad, Gurgaon as well as areas on the outskirts, and relocate these dogs to designated shelters/pounds.”Prompted by pleas from two counsel – one of whom pointed to the order’s apparent conflict with a previous judgment of another apex court bench – and the excoriating criticism of SC by animal lovers, activists and the public, CJI Gavai moved speedily to withdraw the matter from Justice Pardiwala’s bench and assign it to Justices Nath, Sandeep Mehta and N V Anjaria.

On May 9, 2024, a bench of Justices J K Maheshwari and Sanjay Karol had passed an elaborate order disposing of two dozen petitions filed by Kerala, Animal Welfare Board, NGOs and animal lovers appealing against conflicting high court orders on removal of stray dogs.On Wednesday morning, a counsel had mentioned before the CJI that the Aug 11 order was in conflict with last year’s SC judgment, which had ordered civic bodies to act with compassion and strictly inaccordance with the Animal Birth Control (ABC) Rules, 2023, while dealing with stray dogs.Another counsel appeared before the CJI at 4 pm and complained that while the Aug 11 order was not yet available, authorities had begun implementing it.In their 2024 judgment, the bench of Justices Maheshwari and Karol had said, “Under all circumstances, there cannot be any indiscriminate killings of canines, and authorities have to take action in terms of the mandate and spirit of the prevalent legislation(s) in place. There is no gainsaying the fact that exhibiting compassion to all living beings is the enshrined constitutional value and mandate and casts obligation on the authorities to maintain it.“The Aug 11 order is also not in harmony with the Animal Birth Control rules which prohibit relocation of stray dogs.