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Before the Hon’ble Chief Justice of the Punjab & Haryana High Court
PRSEC/E/2019/15920: PMOPG/E/2019/0471830: DOAHD/E/2019/00349: GOVHY/E/2019/04656

Naresh Kadyan, Chief National Commissioner

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Before the Hon’ble Chief Justice of the Punjab & Haryana High Court
Naresh Kadyan: Jat by birth: Fighter by spirit: Cobbler by profession: Activist by mission:
Humanitarian by choice; Chief National Commissioner, Scouts & Guides for Animals & Birds;
National Authority for Animal Welfare, OIPA – Indian People for Animal Welfare; Master
Trainer, Animal Welfare Board of India; Volunteer, Wildlife Crime Control Bureau, Ministry of
Environment, Forest & Climate Change (Govt. of India, VPO Siwana, Tehsil Beri, District Jhajjar.
WhatsApp: 9813010595 Email: kadyan.ipfa@gmail.com

………………Petitioners.
Versus
1. Department of Animal Husbandry & Dairying (Govt. of Haryana), Pashudhan
Bhawan, sector-2, Panchkula.
2. Committee for the Purpose of Control and Supervision of Experiments on Animals
(CPCSEA), Krishi Bhawan, New Delhi through its Chairman.
3. Animal Welfare Board of India, NIAW Campus, Ballabhgarh, Faridabad.
4. Haryana Gau Sewa Ayog, Mansa Devi Complex, Panchkula.
5. Bar Council of India, New Delhi.
………………Respondents.

INDEX
1. Petitions 3-5
2. Bar Council of India circular with 2 objections 6-9
3. Master Trainer, AWBI 10-12
4. Volunteer, WCCB 13
5. Commissioner, Bharat Scouts & Guides 14
6. PETA India appreciation 15
7. WTI appreciation 16
8. District Administration, Gurgaon appreciation 17
9. District Administration, Faridabad appreciation 18
10. OIPA in India 19
11. State Committee for Slaughter House (Govt. of Haryana) 20-22
12. Petition moved under RTI Act, 2005 23
13. Complaint on PG Portal 24-26
14. 39th with 43rd GM of AWBI related to report of PETA India 27-28
15. AWBI recommendations to ban on use of Elephant as performing animals 29

Naresh Kadyan
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Before the Hon’ble Chief Justice of the Punjab & Haryana High Court
Naresh Kadyan: Jat by birth: Fighter by spirit: Cobbler by profession: Activist by mission:
Humanitarian by choice; Chief National Commissioner, Scouts & Guides for Animals & Birds;
National Authority for Animal Welfare, OIPA – Indian People for Animal Welfare; Master
Trainer, Animal Welfare Board of India; Volunteer, Wildlife Crime Control Bureau, Ministry of
Environment, Forest & Climate Change (Govt. of India, VPO Siwana, Tehsil Beri, District Jhajjar.
WhatsApp: 9813010595 Email: kadyan.ipfa@gmail.com

………………Petitioners.
Versus
1. Department of Animal Husbandry & Dairying (Govt. of Haryana), Pashudhan
Bhawan, sector-2, Panchkula.
2. Committee for the Purpose of Control and Supervision of Experiments on Animals
(CPCSEA), Krishi Bhawan, New Delhi through its Chairman.
3. Animal Welfare Board of India, NIAW Campus, Ballabhgarh, Faridabad.
4. Haryana Gau Sewa Ayog, Mansa Devi Complex, Panchkula.
5. Bar Council of India, New Delhi.
………………Respondents.
th
During celebrations of 150 Birth Anniversary of Mahatma Gandhi, Respectfully showeth:
Being Jat by birth, cobbler by profession, activist by mission, fighter by spirit and
humanitarian by choice - It is humbly submitted that:
1. I am Master Trainer, Animal Welfare Board of India, had been Inspector for AWBI along
with Inspecting Authority, Animal Welfare Division (Govt. of India) for Haryana State with
adjoining areas of Rajasthan.
2. I am Nominee for the Committee for the Purpose of Control and Supervision of
Experiments on Animals(CPCSEA), which is a statutory Committee, established under
Chapter 4, Section 15(1) of the Prevention of Cruelty to Animals Act 1960.
3. I had been Commissioner, Bharat Scouts & Guides, Haryana for two years.
4. My tireless services towards conservation of flora & fauna are recognized by the PETA
India, WTI with District Administration at Faridabad & Gurgaon.
5. I had been Non official Member of State Committee for Slaughter House, Department of
Urban & Local Bodies (Govt. of Haryana), which was established as per CWP No. 309 of
2003, orders passed by the Hon’ble Supreme Court of India.
6. I am Chief National Commissioner, Scouts & Guides for Animals & Birds; National
Authority for Animal Welfare, OIPA – Indian People for Animal Welfare, both are
registered trust duly affiliated with NGO Darpan of NITI Ayog (Govt. of India).
7. I am representing United Nation affiliated “International Organisation for Animal
Protection: OIPA in India, since 2008 onwards.
8. Bar Council of India vide circular No. 4 of 2015 endorsed compiled papers Book of Maneka
Gandi, which appreciate repealed legislations, same became irrelevant.
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9. The Animal Welfare Board of India is a statutory advisory body on Animal Welfare Laws
and promotes animal welfare in the country. Established in 1962 under Section 4 of the
Prevention of Cruelty to Animals Act, 1960 (No. 59 of 1960), the Animal Welfare Board of
India was started under the stewardship of Late Smt. Rukmini Devi Arundale, well known
humanitarian. From ensuring that animal welfare laws in the country are diligently
followed, to provide grants to Animal Welfare Organizations and advising the Government
of India on animal welfare issues, the Board has been the face of the animal welfare
movement in the country. Mandate to prevent the infliction of unnecessary pain or
suffering on animals, in terms of the provision of the Prevention of Cruelty to Animals
(PCA) Act, 1960.

Functions of AWBI:

1. To keep the law in force in India for the Prevention of Cruelty to Animals under constant
study and to advise the government on the amendments to be undertaken in any such law
from time to time.
2. To advise the Central Government on the making of rules under the Act with a view to
preventing unnecessary pain or suffering to animals generally, and more particularly when
they are being transported from one place to another or when they are used as performing
animals or when they are kept in captivity or confinement.
3. To advise the Government or any local authority or other person on improvements in the
design of vehicles so as to lessen the burden on draught animals.
4. To take all such steps as the Board may think fit for (amelioration of animals) by
encouraging or providing for, the construction of sheds, water troughs and the like and by
providing for veterinary assistance to animals.
5. To advise the Government or any local authority or other person in the design of slaughter
houses or the maintenance of slaughter houses or in connection with slaughter of animals so
that unnecessary pain or suffering, whether physical or mental, is eliminated in the pre
slaughter stages as far as possible, and animals are killed; wherever necessary, in as
humane a manner as possible.
6. To take all such steps as the Board may think fit to ensure that unwanted animals are
destroyed by local authorities, whenever it is necessary to do so, either instantaneously or
after being rendered insensible to pain or suffering.
7. To encourage by the grant of financial assistance or otherwise, (the formation or
establishment of Pinjarapoles, rescue homes, animals shelters, sanctuaries and the like),
where animals and birds may find a shelter when they have become old and useless or when
they need protection.
8. To co-operate with, and co-ordinate the work of, associations or bodies established for the
purpose of preventing unnecessary pain or suffering to animals or for the protection of
animals and birds.
9. To give financial and other assistance to Animal Welfare Organisations functioning in any
local area or to encourage the formation of Animal Welfare Organisations in any local area
which shall work under the general supervision and guidance of the Board.
10. To advise the Government on matters relating to the medical care and attention which may
be provided in animal hospitals, and to give financial and other assistance to animal
hospitals whenever the Board thinks it necessary to do so.
11. To impart education in relation to the humane treatment of animals and to encourage the
formation of public opinion against the infliction of unnecessary pain or suffering to
animals and for the promotion of animal welfare by means of lectures, books, posters,
cinematographic exhibitions and the like.
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12. To advise the Government on any matter connected with animal welfare or the Prevention
of infliction of unnecessary pain or suffering on animals.

But AWBI failed to implement the legal provisions under law, keeping in view section 27 (b) of
Prevention of Cruelty to Animals Act, 1960; because: As per section 31 of the PCA Act, 1960 –

1. Cognizability of offences: Notwithstanding anything contained in the Code of Criminal

Procedure, 1898, (5 of 1898) an offence punishable under clause (1) or clause (n) or
clause, (o) of sub-section (1) of section 11 or under section 12 shall be a cognizable
offence within the meaning of that code. Whereas Code of Criminal Procedure, 1898, (5
of 1898) repealed onwards 1-4-1974 & Code of Criminal Procedure, 1973 enforced,
hence all offenses against PCA Act, 1960 are handled by wrong procedure, which is not
enforced – repealed.
2. As per section 38-A, Rules made out under the Prevention of Cruelty to Animals Act,
1960, legalize when approved by the Indian Parliament adopting procedure in practice.
3. PETA India with approval of AWBI, Inspected 16 Circuses, collect evidences of the
violations of legal procedure without approaching Police for legal action, placing report
before 39th GM of AWBI, taking decision without try & decide by a competent court of
law, whereas limitations disclosed as per section 36 of the Prevention of Cruelty to
Animals Act, 1960 likewise their report became defective documents with conflict of
interest, confirming the violation of Performing Rules, 1973, which repelled.
4. 43rd GM of AWBI approved the ban on use of Elephant as performing animals,
recommended to the Govt. of India, on the basis of defective report, which doesn’t claim
a legal document without try & decide by court of law, whereas use of animal for
educational purpose exempted as per section 27 (b) of PCA Act, 1960.

Prayers:

1. Pass appropriate orders to legalize all proceedings of AWBI related to the Prevention of
Cruelty to Animals Act, 1960; onwards 1-4-1974.
2. Direct Respondents to issue ordinance, restoring five freedoms of animals, protecting from
unnecessary pain & sufferings as per mandate of AWBI.
3. Recall Bar Council of India circular No. 4 of 2015 along with all unlawful Book of Maneka
Gandi from Educational Institutions which appreciate repealed documents.
4. Status reports – white paper on the functioning of AWBI onwards 1-4-1974 related to the
Code of Criminal Procedure, Rules duly approved by the Parliament as per section 38-A of
Prevention of Cruelty to Animals Act, 1960.
5. Recall AWBI recommendations to include Elephant in the list of prohibit animals under
section 22 of the Prevention of Cruelty to Animals Act, 1960.
6. Any other orders deems fit. Naresh Kadyan

Advance copy forwarded for information & necessary action:

Committee on Petitions, Haryana Legislative Assembly via Speaker / All MLA’s

With support
1. Abhishek Kadyan based in Canada.
2. Mrs. Suman Kadyan based in Canada.
3. Mrs. Sukanya Berwal based in Ahmadabad.
Blessed by: Ch. Om Parkash Kadyan, BDPO (Rtd) with Mrs. Sharda Kadyan
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Details for registration number: DLGLA/E/2018/00769

Name of Complainant Naresh Kadyan
Date of Receipt 22/05/2018
Received by Department of Legal Affairs
Grievance Description:
The Bar Council of India is a statutory body created by Parliament to regulate and represent the
Indian bar, which perform the regulatory function by prescribing standards of professional
conduct and etiquette and by exercising disciplinary jurisdiction over the bar, they also sets
standards for legal education and grants recognition to Universities whose degree in law will serve
as qualification for enrollment as an advocate.
Please find attached here with Circular No. 4 of 2015 endorsing Animal Laws of India, which is
claimed by Smt. Maneka Gandhi as its Author with two others, in fact maximum materials are
created by others, might be their copy rights on their documents, whereas Animal Laws of India
might be compiled instead claiming as author for gain and profit as royalty of book.
I am shocked to examine all circulars up to 2018, because telegram never existed in India after 2013
but official letter head of Bar Council of India claimed their Grams: ALINDIBAR, New Delhi,
which is not correct, misguiding their targets, misrepresenting the actual facts and position,
keeping in view the credibility.
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Details for registration number: DLGLA/E/2018/01317

Grievance Description:
Maneka Gandi, below Graduate, claimed to be writer of Animal Laws of India instead compiled
this book with repealed Rules & Regulations for profit, 6th Edition in my hand, compliant lodged
with the Bar Council of India, objected their circular No. 4 of 2015, which recommend this book to
all affiliated Institutions, keeping in view the business & profit of Maneka Gandi.
The Performing Animals Rules, 1973, published in the Animal Laws of India, page No. 33 to 38,
whereas this Rules repealed, introducing another Rule during 2001 and this point was admitted by
the AWBI before the Hon’ble Allahabad High Court in the petition moved by the Asiad Circus.
The Prevention of Cruelty to Animals Act, 1890 was repealed with the PCA Act, 1960 but page No.
426 of said objected book, carry the Delhi Prevention of Cruelty to Animals (Amendment) Rules,
1961, Notified under section 15 of the Prevention of Cruelty to Animals Act, 1890, amending 1942
Rules, whereas:
1. The Prevention of Cruelty to Animals Act, 1890 repealed in 1960.
2. Section 15 of the Prevention of Cruelty to Animals Act, 1890 is not applicable after 1960 but
notified in 1961, which is unlawful & illegal.
3. The Performing Animals Rules, 1973 repealed but published in the objectionable book for profit
to mislead the public, especially students.
4. Delhi Prevention of Cruelty to Animals (Amendment) Rules, 1961 was not based on legal
mechanism, all punishments & convictions under this Rule is totally baseless, whereas Maneka
Gandi enjoyed the position of Delhi SPCA Chairperson but she never raised this point, even her
younger sister enjoying berth without any knowledge.
So, Scouts & Guides for Animals & Birds along with United Nation affiliated OIPA in India and
PFA Haryana - IPFA raised public voice to review the punishments at once under the repealed,
unlawful & illegal Rules & Regulations, re-calling the stock of Animal Laws of India from the open
market along with the circular No. 4 of 2015, issued by the Bar Council of India.

AWBI failed to perform became ineffective, toothless & burden – liability on the Govt. of India,
since 1-4-1974 till date, because: As per section 31 of the PCA Act, 1960 –

Cognizability of offences: Notwithstanding anything contained in the Code of Criminal

Procedure, 1898, (5 of 1898) an offence punishable under clause (1) or clause (n) or clause,
(o) of sub-section (1) of section 11 or under section 12 shall be a cognizable offence within
the meaning of that code.
Whereas Code of Criminal Procedure, 1898, (5 of 1898) repealed onwards 1-4-1974 & Code
of Criminal Procedure, 1973 enforced, hence all offenses against PCA Act, 1960 are handled
by wrong procedure, which is not enforced – repealed.
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RTI Request Registration No. DOAHD/R/2019/50195

Public Authority Department of Animal Husbandry, Dairying and Fisheries

Scouts & Guides for Animals & Birds asked: Define, clarify & reproduced, following sections of the
Prevention of Cruelty to Animals Act, 1960:
1. Animals
2. Slaughter House
3. Five freedoms of animals.
4. Relaxation & exemptions as section 11 (3) with 27.
5. Section 28
6. Section 31, cognizable offenses
7. Code of Criminal Procedure, enforced & applicable in India.
8. Punishments under all sections of Prevention of Cruelty to Animals Act, 1960.
9. Try, efforts & results to replace the Prevention of Cruelty to Animals Act, 1960
10. Rules & Regulations of Camel and Elephants shifting.
11. Animal can be treated as goods
12. Vehicles to carry animals as per Bureau of Indian Standards.
13. Poultry treated as agriculture products.
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Details for registration number: DLGLA/E/2019/00956

Name of Complainant Naresh Kadyan
Date of Receipt 18/08/2019
Received by Department of Legal Affairs
Grievance Description:
AWBI failed to perform became ineffective, toothless & burden - liability on the Govt. of India,
since 1-4-1974 till date, because: As per section 31 of the PCA Act, 1960 -
Cognizability of offences: Notwithstanding anything contained in the Code of Criminal Procedure,
1898, (5 of 1898) an offence punishable under clause (1) or clause (n) or clause, (o) of sub-section (1)
of section 11 or under section 12 shall be a cognizable offence within the meaning of that code.
Whereas Code of Criminal Procedure, 1898, (5 of 1898) repealed onwards 1-4-1974 & Code of
Criminal Procedure, 1973 enforced, hence all offenses against PCA Act, 1960 are handled by wrong
procedure, which is not enforced - repealed.
Prayers:
1. Pass appropriate orders to legalize all proceedings onwards 1-4-1974.
2. Direct Respondents to issue ordinance, restoring five freedoms of animals, protecting from
unnecessary pain & sufferings.
3. Recall Bar Council of India circular No. 4 of 2015 along with all unlawful Book of Maneka Gandi
from Educational Institutions.
4. Status reports - white paper on the functioning of AWBI onwards 1-4-1974.
5. Any other orders deems fit.
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Grievance Status for registration number: GOVHY/E/2019/04392

Grievance Concerns to:

Name of Complainant: Naresh Kadyan

Date of Receipt: 18/08/2019

Received by Govt. of Haryana

Grievance Description:

Advance copy:

AWBI failed to perform became ineffective, toothless & burden - liability on the Govt. of India,
since 1-4-1974 till date, because: As per section 31 of the PCA Act, 1960 -
Cognizability of offences:

Notwithstanding anything contained in the Code of Criminal Procedure, 1898, (5 of 1898) an

offence punishable under clause (1) or clause (n) or clause, (o) of sub-section (1) of section 11 or
under section 12 shall be a cognizable offence within the meaning of that code.
Whereas Code of Criminal Procedure, 1898, (5 of 1898) repealed onwards 1-4-1974 & Code of
Criminal Procedure, 1973 enforced, hence all offenses against PCA Act, 1960 are handled by wrong
procedure, which is not enforced - repealed.

Prayers:
1. Pass appropriate orders to legalize all proceedings onwards 1-4-1974.
2. Direct Respondents to issue ordinance, restoring five freedoms of animals, protecting from
unnecessary pain & sufferings.
3. Recall Bar Council of India circular No. 4 of 2015 along with all unlawful Book of Maneka Gandi
from Educational Institutions.
4. Status reports - white paper on the functioning of AWBI onwards 1-4-1974.
5. Any other orders deems fit.

Naresh Kadyan
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Grievance Status for registration number: GNCTD/E/2019/05864

Grievance Concerns to: 2019098544

Name of Complainant: Naresh Kadyan

Date of Receipt: 18/08/2019

Received by Govt. of NCT of Delhi

Grievance Description:

Advance copy:

AWBI failed to perform became ineffective, toothless & burden - liability on the Govt. of India,
since 1-4-1974 till date, because: As per section 31 of the PCA Act, 1960 - Cognizability of offences:
Notwithstanding anything contained in the Code of Criminal Procedure, 1898, (5 of 1898) an
offence punishable under clause (1) or clause (n) or clause, (o) of sub-section (1) of section 11 or
under section 12 shall be a cognizable offence within the meaning of that code. Whereas Code of
Criminal Procedure, 1898, (5 of 1898) repealed onwards 1-4-1974 & Code of Criminal Procedure,
1973 enforced, hence all offenses against PCA Act, 1960 are handled by wrong procedure, which is
not enforced - repealed.

Prayers:

1. Pass appropriate orders to legalize all proceedings onwards 1-4-1974.

2. Direct Respondents to issue ordinance, restoring five freedoms of animals, protecting from
unnecessary pain & sufferings.

3. Recall Bar Council of India circular No. 4 of 2015 along with all unlawful Book of Maneka Gandi
from Educational Institutions.

4. Status reports - white paper on the functioning of AWBI onwards 1-4-1974.

5. Any other orders deems fit.

Delhi Society for Prevention of Cruelty to Animals has No procedure.

Mrs. Sukanya Berwal, Commissioner of Education

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MINUTES OF THE 39TH GENERAL MEETING OF ANIMAL WELFARE BOARD OF

INDIA HELD ON 23.8.2013 AT CHENNAI:

ITEM No.11: Consideration of the matter relating to removal of Elephants and

other animals from Circuses.
Dr. Manilal Valliyate, Co-opted Member, AWBI and Director of Veterinary Affairs,
PETA – India gave a Power Point Presentation regarding the investigation / inspection of
16 circuses conducted by a team authorized by AWBI. The Board directed to submit a
Complete report on the project with recommendations for provision for rehabilitation of
Circus animals for further consideration of AWBI and MOEF. In view of the report, the
Board decided to stop immediate performance of all the injured and aged animals in the
circuses mentioned in the report and seize them after making arrangement for
Rehabilitation with some of the AWOs and Zoos. The Board directed to issue legal
Notices to all circuses for using sick, injured and unregistered animals in their circuses
as Performing Animals. The report of PETA is to be provided to Central Zoo Authority
(CZA) for further action.
The Board decided to stop registration of elephants for performance under
Performing Animals Rules in view of huge cruelties and abuse suffered by them. The
Board also decided that a proposal for inclusion of Elephants in the list of banned
animals under the Performing Animals (Registration) Rules 2001 be sent to the Ministry
for consideration and there should be no performing animals in circuses.

Minutes of the 43rd General Meeting of the Animal Welfare Board of India held
on 23rd July, 2016 at Chennai:
Item No.14: Consideration of matter regarding Advisory to Ministry of Environment,
Forest & Climate Change regarding banning of Elephant as Performing Animals.
The Board approved the study report and resolved to send an advisory to the Ministry for issuing
the Notification to ban the training, exhibition and use of elephants for performances in India as per
the provisions of Section 22 (ii) of the PCA Act, 1960.
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Details for registration number : MOEAF/E/2017/02110

Date of Receipt 05/12/2017
Received By Ministry/Department Environment, Forest and Climate Change
Grievance Description
The Prevention of Cruelty to Animals Act, 1960; section 36. Limitation of prosecutions: A
prosecution for an offence against this Act shall not be instituted after prosecutions the expiration
of three months from the date of the commission of the offence. Whereas Animal Welfare Board
of India played very different mechanism violating the said legal provisions because AWBI
playing in the hands of vested interest groups of Individuals, prosecuting the Indian circuses at
his own, trying and deciding the allegations leveled against them by selective group of
Individuals. Scouts and Guides for Animals: National Council of SPCA's in the opinion that as
per set procedures of the Indian mechanism, if a crime committed by anybody, which may be
cognizable and non cognizable in legal terms, should be reported to the Police, after proper
investigations, charge sheets be framed and placed before the court of law to further try and
decide the matter, besides it appeal can also be made before Higher Court of law, if convicted
feels injustice. In AWBI, allegations leveled by PETA India with RAHAT etc against a group of
16 circuses, claimed by the attached report that these circuses violated the Performing Animals
Rules, 1973 at page 5 and 9 but I am sure that this Rules was repealed by Performing Rules,
2001 but very funny AWBI accepted this report and action against 16 circuses were taken
without lodging any FIR, reporting crime to the Police concerned, keeping in view the section 36
as stated above, No court of law involved as per legal provisions, laid down under Code of
Criminal Procedure, 1973. Hence I claimed the attached report, which was prepared by the
PETA India with others against 16 circuses were a bundle of fabricated, twisted facts with vested
interest carrying hidden agenda against the traditions and culture of India because if a crime was
committed by these 16 circuses then why PETA India kept mum at the time of offense, besides it
silence on the crime also an offense, which was also committed by PETA India and same can be
prosecuted by law, whereas all these circuses may enjoy the legal provisions of section 36 as
stated above, after expiry of 90 days, they can't be prosecuted, hence It is expected that at the
level of AWBI, all reports of PETA India with its associates submitted before AWBI be verified
again before taking action adopting the set procedure of rules of law, debar all PETA India paid
officials from the purview and ambit of AWBI at once, why these self styled persons are so
much decision maker in the animal welfare movement in India with the supportive cum
surrender attitude, which is objectionable. Let our deputation be allowed to expose these black
sheep's of the system before the Minister, Scouts and Guides for Animals also preparing a report
on these circuses be presented soon.
Date of Action 13/12/2017
Remarks
The Board is implementing the Performing Animals (Registration) Rules, 2001 and takes action
against those who have violated the provisions of the PCA Act, 1960. The Board has carried out
inspection of Circuses and has issued show cause notice to the circus regarding the violations
noticed. Necessary action is being taken as per the provisions of Performing Animals
(Registration) Rules, 2001 for suspension of the registration certificate and action is being taken
as per the provisions of the law.
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