IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
CRIMINAL MISC. NO. – M _____________ OF 2023

Kadambini ...Petitioner

Versus

State of Punjab & anr. ...Respondent

I N D E X
S.No Particulars Date Page C.Fee

1. Urgent Form 08.08.2023 A

2. Criminal Misc. Petition U/s 482 1-11

08.08.2023
Cr.P.C.

3. Affidavit 08.08.2023 12-13

4. ANNEXURE P-1(Impugned FIR) 25.01.2021 14-16

5. ANNEXURE P-2(Complaint) - 17-19

6. ANNEXURE P-3(DDR) 27.01.2021 20-21

7. ANNEXURE P-4(Email) 14.07.2020 22-26

8. ANNEXURE P-5(Email) 20.07.2020 27-28

9. ANNEXURE P-6(Email) 27.07.2020 29-32

10. ANNEXURE P-7(Impugned Challan) 15.08.2022 33-42

11. ANNEXURE P-8(Attendance 23.01.2021 43

Register)

12. ANNEXURE P-9(Affidavit) 26.06.2023 44-46

13. Annexure P-1(Vernacular) 25.01.2021 47-52

14. Annexure P-3(Vernacular) 27.01.2021 53

15. Annexure P-7(Vernacular) 15.08.2022 54-57

16. Annexure P-8(Vernacular) 23.01.2021 58

17. Power of Attorney & Aadhar Card 08.08.2023 59-60

TOTAL COURT FEES

Note: Any other connected case pending or decided: NIL
Any ex/sitting MP/MLA involved in case: NIL

CHANDIGARH
DATED: 08.08.2023 (ATUL GOYAL)&(MANISHA GOYAL)
P/2528/2010 P/2606/2010
PH220919 PH222934
COUNSEL FOR THE PETITIONER
 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CWP-___________ OF 2023

MEMO OF PARTIES

Kadambini aged 49 years daughter of Sh. M.L. Arora resident

of House No. 4125, Abohar Road, Shri Muktsar Sahib.

(Mobile No. 98142 06385)

(Aadhar Card No. 6870 3980 0514)

(Petitioner is not a proclaimed offender)

...Petitioner

Versus

1. State of Punjab

2. Executive Officer, Municipal Council, Shri

Muktsar Sahib.

…Respondents

DATED: 08.08.2023 (ATUL GOYAL)&(MANISHA GOYAL)

ADVOCATES
COUNSEL FOR THE PETITIONER
 2

PETITION UNDER SECTION 482 OF CR.P.C.

PRAYING FOR QUASHING OF FIR NO. 18

(P-1) DATED 25.01.2021 U/S 452, 427,

506, 148, 149 IPC (U/S 353, 186 IPC

ADDED LATER ON) REGISTERED AT P.S.

CITY SHRI MUKTSAR SAHIB DISTRICT SHRI

MUKTSAR SAHIB AS WELL AS REPORT UNDER

SECTION 173 CR.P.C. I.E. CHALLAN

DATED 15.08.2022 (P-7) AND ALL OTHER

CONSEQUENTIAL PROCEEDINGS ARISING

THEREFROM, IN THE INTEREST OF EQUITY

AND JUSTICE.

RESPECTFULLY SHOWETH:-

1. That the petitioner is a resident of State of Punjab

and is entitled to invoke the jurisdiction of this

Hon’ble Court under section 482 Cr.P.C.

2. That it is a matter of fact and record that

petitioner is an Advocate by profession and has been

working for various social causes including for the

welfare of stray animals. For her efforts in this

regard she has been recognized many a times by the

various agencies.

3. That recently she has to face the ire of State

officials as an FIR came to be registered against

her. In-fact on the complaint of respondent no.2 an

FIR bearing no. 18 dated 25.01.2021 u/s

452,506,427,148,149 IPC was registered at P.S. City

Muktsar District Shri Muktsar Sahib. Copy of the

 3

impugned FIR bearing no. 18 dated 25.01.2021 is

being annexed herewith as ANNEXURE P-1.

4. That a perusal of the FIR would reveal that it has

been alleged in the FIR that on 23.01.2021 a

sterilization program of dogs was being carried out,

wherein petitioner along-with some unknown persons

forcibly entered the said Centre where the program

was going on. It is further alleged that she created

a ruckus and even made 6 dogs run away from the

kennel. It is further alleged that incident took

place in the presence of Sanitary Inspector Mr.

Brar.

5. That first of all the allegations are wrong and in-

correct. 23.01.2021 was a Saturday and on Saturday

the office of Municipal Council remains closed.

Meaning thereby none of the officials can claim

themselves to be on official duty.

6. That in-fact the contract for dog sterilization was

given to CAWA (Compassion for Animals Welfare

Association) and the ABC Centre was being run by

CAWA and originally the complaint was given by

President CAWA to the Executive Officer, Municipal

Council, Shri Muktsar Sahib, who further forwarded

the same to Deputy Commissioner, Shri Muktsar Sahib.

Copy of the complaint given by President CAWA to

Executive officer, Municipal Council, Shri Muktsar

Sahib is being annexed herewith as ANNEXURE P-2.

Since CAWA is a private contractor therefore

 4

offences under section 353 and 186 IPC are not made

out and have been wrongly invoked.

7. That the offences under section 353 and 186 IPC have

been invoked vide DDR bearing no. 31 dated

27.01.2021 on the statement of Paramjit Singh Brar,

Sanitary Inspector. Copy of the DDR no. 31 dated

27.01.2021 is being annexed herewith as ANNEXURE P-

3.

8. That on 11.08.2021 Superintendent of Police (PBI),

Faridkot conducted an enquiry into the matter and

found that the name of Dr. Shivani Arora, sister of

the petitioner has been falsely added and she was

accordingly declared innocent. On one hand the de-

facto complainant i.e. President of CAWA and Sh.

Paramjit Singh Brar are alleged to be very categoric

in their statement that along-with petitioner, Dr.

Shivani Arora was also present at the place of

occurrence, whereas the same has been found to be

false, which clearly proves that the FIR is an

outcome of an oblique motive against the petitioner

and her sister.

9. That in—fact they tried to implicate petitioner as

well as her sister namely Dr. Shivani Arora. Dr.

Shivani Arora has been complaining against the mis-

deeds as well as with regard to discrepancies

related to funds being allocated for such projects.

On earlier occasions Mrs. Maneka Gandhi, Member of

Parliament, specially wrote to Principal Secretary

to CM regarding such harassment of Dr. Shivani

 5

Arora, who was rather a whistle blower. Copy of the

letter dated 14.07.2020 and 20.07.2020 in this

regard are being annexed herewith as ANNEXURE P-4

and P-5 respectively. In-fact in letter dated

20.07.2020 it is clearly stated by Mrs, Maneka

Gandhi that she personally spoke to EO and he

informed to her that he has been ordered by Deputy

Commissioner to harass her so that she will keep

quiet when the programme restarts.

10. That sister of the petitioner namely Sr. Shivani

Arora vide her email dated 24.07.2020 highlighted

the corruption and irregularities in the program to

Deputy Director, Local Government Bathinda Zone.

Copy of the email dated 27.07.2020 is being annexed

herewith as ANNEXURE P-6.

11. That pursuant to investigation of the case, the

police has proceeded to present the challan, whereas

a perusal of report would reveal that the same is

merely a repetition of allegations levelled in the

FIR and nothing concrete steps were taken to fairly

investigate the matter. Copy of the impugned challan

dated 15.08.2022 is being annexed herewith as

ANNEXURE P-7.

12. That in-fact it was never considered during

investigation of the case that allegations of 353

and 186 IPC are being levelled upon the alleged

statement that Sh. Paramjit Singh Brar Sanitary

Inspector visited the spot and petitioner is alleged

to have misbehaved with her. Whereas petitioner

 6

obtained the attendance register of Municipal

Council Shri Muktsar Sahib for the month of January

under the Right to Information Act, 2005 and a

perusal of the same would reveal that Sh. Paramjit

Singh was absent from his duty on 23.01.2021 and

therefore no offence under section 353 and 186 IPC

can be made out. Copy of the attendance register is

being annexed herewith as ANNEXURE P-8.

13. That it is a matter of record that copy of Complaint

by Executive Officer, on the basis of which FIR has

been registered, was not forwarded on 23.01.2021,

as Executive Officer himself was not on duty on the

said day which is clear from his attendance

register. Meaning thereby no such occurrence as

alleged on 23.01.2021 took place, rather all this

false allegations have been concocted on

25.01.2021. Moreover no email was ever received by

Executive Officer, Municipal Council from CAWA

between 22.01.2021 to 25.01.2021.

14. That offence under section 452 IPC is made not out.

The alleged dog center is a public property and

therefore the offence of house trespass is not made

out against the petitioner.

15. That similarly the offence of 427 IPC is also not

made out against the petitioner. Petitioner has not

committed the act of mischief. In-fact it is

apparent that it is a case of malicious prosecution.

16. That particularly the offence under section 353 and

186 IPC is not made out. In-fact it has been duly

 7

pointed out earlier that complainant was not working

on the said date and he was not on his official duty

and hence the offence under section 353 and 186 IPC

is not made out. Section 353 IPC reads as under:

353. Assault or criminal force to deter public

servant from discharge of his duty. — Whoever

assaults or uses criminal force to any person

being a public servant in the execution of his

duty as such public servant, or with intent to

prevent or deter that person from discharging

his duty as such public servant, or in

consequence of anything done or attempted to

be done by such person to the lawful discharge

of his duty as such public servant, shall be

punished with imprisonment of either

description for a term which may extend to two

years, or with fine, or with both.

17. That in-fact a perusal of the challan would reveal

that Dr. Bhagwan Dass who is practicing as a

Veterinary Doctor and was posted at ABC Centre for

dog sterilization has also tendered an affidavit

dated 26.06.2023 thereby exposing the stand of the

officials wherein he has clearly stated that no such

occurrence has taken place. Copy of the affidavit

dated 26.06.2023 is being annexed herewith as

ANNEXURE P-9.

18. That the case of the petitioner is squarely covered

by the ratio laid down by the Hon’ble Apex Court in

 8

“State of Haryana Vs. Ch. Bhajan Lal, reported in

1991(1) Recent Criminal Reports Page 383”, wherein

the following principles were laid down for the

exercise of the powers under Section 482 Cr.P.C.: -

“1. Where the allegations made in the First

Information or the complaint, even if they are

taken at their face value and accepted in their

entirety do not prima facie constitute any

offence or make out a case against the accused.

2. Where the allegations in the Fist

Information Report and other materials, if any,

accompanying the FIR do not disclose a cognizable

offence, justifying an investigation by police

officers under Section 156(1) of the Code except

under an order of a Magistrate within the purview

of Section 155(2) of the Code.

3. Where the uncontroverted allegations made

in the FIR or complaint and the evidence

collected in support of the same do not disclose

the commission of any offence and make out a case

against the accused.

4. Where the allegations in the FIR do not

constitute a cognizable offence but constitute

only a non-cognizable offence, no investigation

is permitted by a police officer without an order

of a Magistrate as contemplated under Section

155(2) of the Code.

 9

5. Where the allegations made in the FIR or

complaint are so absurd and inherently improbable

on the basis of which no prudent person can ever

reach a just conclusion that there is sufficient

ground for proceeding against the accused.

6. Where there is an express legal bar

engrafted in any of the provisions of the Code

or the concerned Act (under which a criminal

proceeding is instituted) to the institution and

continuance of the proceedings and/or where there

is a specific provision in the Code or the

concerned Act, providing efficacious redress for

the grievance of the aggrieved party.

7. Where a criminal proceeding is manifestly

attended with malafide and/or where the

proceeding is maliciously instituted with an

ulterior motive for wreaking vengeance on the

accused and with a view to spite him due to

private and personal grudge.”

19. That this Hon’ble Court is the custodian of the

administration of criminal justice system in the

State, therefore, this Hon’ble Court would certainly

ensure that no unscrupulous elements are allowed to

exploit the process of law for extraneous

considerations.

20. That the present case is squarely covered by the

law laid down by this Hon’ble Court as well as the

Hon’ble Apex Court in catena of cases.

 10

21. That viewed from any perspective continuation of

the proceedings arising out of the impugned FIR

would be a gross abuse of the process of law.

22. That no such or similar petition is pending before

the court of sessions or any other court at the

filling of the petition. Neither such petition has

been filed earlier in this Hon’ble Court or in the

Hon’ble Supreme Court of India.

It is, therefore, respectfully prayed that the

present petition may kindly be allowed and this Hon’ble

Court may be pleased to quash FIR no. 18 (P-1) dated

25.01.2021 u/s 452, 427, 506, 148, 149 IPC (u/s 353, 186

IPC added later on) registered at P.S. City Shri Muktsar

Sahib District Shri Muktsar Sahib as well as report under

section 173 Cr.P.C. i.e. Challan dated 15.08.2022 (P-7)

and all other consequential proceedings arising

therefrom, in the interest of equity, justice and fair

play.

It is further prayed that during the pendency

of the instant petition before this Hon’ble Court, all

further proceedings arising out of the impugned FIR

before the Ld. Trial Court may kindly be stayed in the

interest of justice and fair play.

It is further requested that the petitioner may

kindly be exempted from filing the certified copies of

Annexure P-1 to P-9 and they further may kindly be

allowed to place on record the true typed/

 11

translated/photocopies of the same, in the interest of

equity and justice.

It is further prayed that this Hon’ble Court may

kindly pass any appropriate order or direction which this

Hon’ble Court may deem fit in the facts and circumstances

of the present case in favor of the petitioner, in the

interest of equity and justice.

Note: Affidavit in support is attached.

CHANDIGARH
DATED: 08.08.2023 (ATUL GOYAL)&(MANISHA GOYAL)
ADVOCATES
COUNSEL FOR THE PETITIONER
 12

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CRIMINAL MISC. NO.–M _____________ OF 2023

Kadambini
...Petitioner
Versus

State of Punjab & anr.

…Respondents

AFFIDAVIT OF KADAMBINI AGED 49 YEARS

DAUGHTER OF SH. M.L. ARORA RESIDENT OF

HOUSE NO. 4125, ABOHAR ROAD, SHRI

MUKTSAR SAHIB.

I, THE ABOVE NAMED DEPONENT DO HEREBY SOLEMNLY

AFFIRM AND DECLARE AS UNDER:-

1. That the above named deponent has filed the

present petition in this Hon’ble Court, which is

likely to succeed on the grounds taken in the

same. The contents of the petition may kindly be

read as a part of the present affidavit.

2. That the contents of the petition have been read

over to the deponent and the same have been

understood by him and the same are true and

correct.
 13

3. That the contents of the petition are true and

correct to the knowledge and belief of the

deponent. No part of it is false and nothing

material has been kept concealed therein.

4. That the deponent has not filed any such or

similar petition either in this Hon’ble Court or

in the Hon’ble Supreme Court of India.

5. That the Aadhar of the petitioners have been

annexed as a proof of identity and residential

address with the petition.

CHANDIGARH

DATED: 08.08.2023 DEPONENT

VERIFICATION:-

Verified that the contents of para Nos.1 to 5 of

the above affidavit are true and correct to my

knowledge. No part of it is false and nothing material

has been kept concealed therein.

CHANDIGARH

DATED: 08.08.2023 DEPONENT

 14

ANNEXURE P-1

FIR NO. 18 DATED 25.01.2021 U/S 452,506,427,148,149

IPC P.S. CITY MUKTSAR DISTRICT SHRI MUKTSAR SAHIB

To Deputy Commissioner, Sri Muktsar Sahib. Subject:- For

creating hindrance in the work going on in the dogs

sterilization center. With regard to the above cited

subject, the council of Sri Muktsar Sahib had started

the work of dog sterilization as per the orders of the

Hon’ble Supreme Court as well as the Guidelines of the

Government. In this regard, the concerned

Contractor/Firm had written a letter to this office that

on 23.01.2021, Ms. Kadambani along with some Nihang

Sikhs, who were duly armed, created a ruckus and created

hindrance in the ongoing work. Apart from this, the she

managed to run away six dogs, who were brought for the

purpose of sterilization. Therefore, appropriate legal

action may kindly be taken and protection may be provided

so that the work may be carried out without any fear and

disturbance. Annexed copy of the complaint. Sd/-

Executive Officer, Nagar Council, Sri Muktsar Sahib. A

copy of the same is being sent to the SHO, Police Station

City, Sri Muktsar Sahib, Sub-Divisional Magistrate, Sri

Muktsar Sahib for their information and appropriate

action. Sd/- Executive Officer, Nagar Council, Sri

Muktsar Sahib” SHO of the police station forwarded the

said letter to ASI Darshan Singh for further action. “To

the Executive Officer, Municipal Council Sri Muktsar

 15

Sahib. Subject: Complaint against Ms. Kadambani of

trespassing the ABC Centre and causing disturbance in

the running of the project. Respected Sir, This is to

bring to your notice the unfortunate incident that took

place at the animal birth control of Bura Gujjar Road

adjoining the essar petrol pump Shri Muktsar Sahib. A

local civilian by the name of Ms Kadambani along-with

her sister Dr. Shivani and some other people and nihang

Singh Sardars carrying lathis and weapons trespassed

properly the government property i.e. The ABC Centre

harassed and threatened our staff with abuse and told

them that will beat everyone or our staff if they don’t

stop with the work and release the dogs by opening the

kennels. They forcibly entered the premises of the

Centre and opened the kennels dogs after which 6 dogs

run out from the Centre from keels 1 & 2. The incident

took place in the presence of sanitary Inspector Mr.

Brar of the Municipal Council we also have the video-

graphic proof of the incident which we have submitted of

you as well. The SSP Sri Muktsar Sahib along with you

the Superintendent Mr. Vir Vikram well informed on the

spot about the situation. I am also attaching the

statement given by my staff in written for four along-

with this application describing the entire incident.

The SHO of the nearest police station also arrived at

the scene and upon investigating assured our staff of

protection against any such incident in the future. I

would request you to take action against Ms. Kadambany

 16

and the rest for trespassing, restricting the government

work, threatening and harassing our staff and relocating

the dongs from the ABC centre. As our staff is from other

states, they are feeling unsafe to work under these

circumstances and it would be impossible to conduct the

project smoothly under such conditions, we request you

to provide security cover to them so that we can start

our work for the betterment of humans and dogs. Thanking

you with regards. Sd/- Rahul Bansal President and

Founder CAWA.”
 17

ANNEXURE P-2

CAWA

Compassion for Animals Welfare Association

To

The Executive Officer

Municipal Council,

Shri Muktsar Sahib.

Subject: Complaint against Ms. Kadambani of trespassing

the ABC Centre and causing disturbance in the running of

the project.

Respected Sir,

This is to bring to your notice the unfortunate

incident that took place at the animal birth control of

Bura Gujjar Road adjoining the Essar petrol pump Shri

Muktsar Sahib.

A local civilian by the name of Ms Kadambani along-

with her sister Dr. Shivani and some other people and

nihang Singh Sardars carrying lathis and weapons

trespassed properly the government property i.e. The ABC

Centre harassed and threatened our staff with abuse and

told them that will beat everyone or our staff if they

don’t stop with the work and release the dogs by opening

the kennels.
 18

They forcibly entered the premises of the Centre

and opened the kennels dogs after which 6 dogs run out

from the Centre from keels 1 & 2.

The incident took place in the presence of sanitary

Inspector Mr. Brar of the Municipal Council we also have

the video-graphic proof of the incident which we have

submitted of you as well.

The SSP Sri Muktsar Sahib along with you the

Superintendent Mr. Vir Vikram well informed on the spot

about the situation. I am also attaching the statement

given by my staff in written for four along-with this

application describing the entire incident.

The SHO of the nearest police station also arrived

at the scene and upon investigating assured our staff of

protection against any such incident in the future.

I would request you to take action against Ms.

Kadambany and the rest for trespassing, restricting the

government work, threatening and harassing our staff and

relocating the dongs from the ABC centre.

As our staff is from other states, they are feeling

unsafe to work under these circumstances and it would be

impossible to conduct the project smoothly under such

conditions, we request you to provide security cover to

them so that we can start our work for the betterment of

humans and dogs.

Thanking you
 19

With regards.

Sd/- Rahul Bansal

President and Founder CAWA.”

 20

ANNEXURE P-3

G.D. No. 31

G.D. Date: 27.01.2021

G.D. Type: Arrival

Entry for: Darshan Singh

Case Type: Adult

G.D. Brief:

At this time I ASI along-with other officials vide rapat

no. 19 went along-with roznamcha and after investigation

in FIR no. 18 dated 25.01.2021 u/s 452, 427, 506, 148,

149 IPC P.S. C/SMS came present to police station. That

I ASI along-with other officials for the investigation

of the case had gone to the office of Municipal Council

Shri Muktsar Sahib, where Paramjit Singh Brar, Sanitary

Inspector, Municipal Council Shri Muktsar Sahib met who

got his statement recorded to ASI that on 23.01.2021 at

approx. 4/4.30 pm one dog sterlization Centre was going

on at Bura Gujjar Road, Shri Muktsar Sahib. The same was

going on under the supervision of Municipal Council,

Shri Muktsar Sahib. I had gone there for routine

checking, where Kadambini Arora, his sister Shivani

Arora along0with 8-10 unknown persons as well as Nihangs

entered there who were carrying deadly weapons.

Kadambini Arora, Dr. Shivani Arora and unknown persons

misbehaved with Dr. Bhagwan Dass Chaudhary who had been

 21

working there and other staff members and also caused

injuries to them. They also threatened them and also

made 5-6 dogs run away from there, who were brought for

sterlization, by opening their kennels. These women and

unknown persons also used rough language against me and

threatened me and accordingly created hindrance in his

performance of official duties. Accordingly on the

statement of Paramjit Singh Brar, Sanitary Inspector,

Municipal Council, Shri Muktsar Sahib the offence under

section 353 and 186 IPC is being added. After preparing

special reports the same are being sent to Illaqa

Magistrate and senior officials.

 22

ANNEXURE P-4

On Tue, Jul 14, 2020 at 12:27 PM Smt. Maneka Gandhi

<gandhim@nic.in>

wrote:

Shri Suresh K. Nangia

Principal Secretary to CM

Punjab

Dear Shri Nangiaji

I would be grateful if you could look into this

financial scam by the DC of Muktsar immediately.

Two weeks ago a contract was given by the DC Muktsar

to an organisation called Gram Swarajya Vikas and Utthan

Sansthan to sterilize and vaccinate dogs. A place was

also given to them to operate from by the administration.

This NGO started work on 3rd July.

While it is important that this be done all over

Punjab there are strict Government of India, Supreme

Court and state rules governing the abc (animal birth

control programme) programme

The three most important are:

1. The NGO should be recognized by the Animal Welfare

Board of India.
 23

2. The NGO should be trained in Dehradun in the

government centre there

3. The NGO should have the necessary equipment and

records to make sure that the dogs caught are

replaced back after the operation in exactly the

same place.

This NGO has failed on the following counts:

1. It is not recognized by the AWBI and the AWBI has

written officially to the DC saying that they

cannot be given the contract

2. The NGO is completely untrained. It is a collection

of people from Sri Ganganagar with no experience or

training

3. The place that has been given to the NGO is three

small rooms above an open feces drain. An

inspection done by animal groups and the media saw

that all the medicines were expired, they have no

oxygen or IV. There is no surgery table and they

are doing the operations on stools above the drain.

There are no records being kept and no feeding done.

There are no anti rabies injections which is a must,

no deworming. The first operation was done on a dog

with fatal distemper - which is cruel and

unnecessary and the dog was kept with all the other

dogs endangering their lives. There is no knowledge

of dogs and diseases in this group which is more or

less illiterate.
 24

The DC is adamant that he is under political

pressure to give it to them. He was asked to desist

by his own superior officer the Commissioner of

Ferozepur. He refused to listen saying that

Government of India could not give him orders since

it was Muktsar money.

But the money itself is a scam. All over India NGOs

are being paid Rs 800 - Rs 1200. That is how much

the operation costs and that is the AWBI rate. This

man has fixed the rate for this NGO at Rs 2300 per

operation!

Punjab has a scarcity of funds to begin with. This

rate is unheard of - unless some amount is being

channelled back. The DC or his officers stand to

make Rs 1000 per dog which can go upto Rs 10,000 a

day as they are doing 10 operations a day. When I

spoke to this DC he said he was under pressure from

the CMs office - which I know is a lie

This project is clear violation of guidelines of

Hon’ble Supreme Court regarding ABC (dogs) program

in SLP no. 691/2009 and rules set by Animal welfare

Board of India.

The following are the violations shown by an,

inspection:

1. The infrastructure is not according to Standard

Operating Procedures guidelines by The Animal

Welfare Board of India (Annexure 1)

 25

2. The said NGO is not registered with Animal welfare

Board of India which is mandatory condition for

carrying out ABC (dogs programme) (Annexure 2)

3. The Staff which has been employed are not trained

from Animal Welfare Board of India’s recognised

institution (Annexure 3). Further the certificates

of staff that have been submitted are not the ones

who are actually working there.

4. There is no appropriate drainage of the faecal

matter. The faecal matter of one room passes

through the other room, consequently greater

chances of dogs getting infected. (Annexure 4)

5. On our visit to ABC centre on 10.07.2020 a dog is

suffering from distamper was first of all being

operated upon and then was being kept with other

dogs. This is grave negligence on the part of the

doctor and other staff thus endangering the lives

of rest of the dogs.

7. There has not been formation of a monitoring

committee again which is mandatory before the start

of such ABC programme (Annexure 2)

8. The tender allotted at the rate of Rs.2300/dog

which is not reasonable and clear wastage of public

money.

Annexure 1 - Revised SOP module given by Animal welfare

Board of India.
 26

Annexure 2- SLP number 691/2009 dated 04.10.2016 by

Hon’ble Supreme Court of India

Annexure 3- ABC (dogs) rules 2001

Annexure 4- video showing infrastructure at ABC Centre,

Sri Muktsar Sahib.

This has to be stopped immediately and an enquiry put up

on the DC who clearly is involved in a financial scam,

using dogs as a means to make money. He has been told by

every senior o stop it but persists. Nevertheless saying

that he is under political pressure to work with this

NGO. I have talked to his DC colleagues and apparently

this man Aravind Kumar is well known for this kind of

bullheadedness and dishonesty. In my next email, I will

sand you the letter sent to the DC from the Government

of India.

With best wishes

(Smt. Maneka Sanjay Gandhi)

 27

ANNEXURE P-5

Gmail - E mail

Mon, Jul 20, 2020 at 11:12 AM Smt. Maneka Gandhi

<gandhim@nic.in> wrote:

Shri Suresh Kumar Nangla

Principal Secretary to CM
Punjab

Dear Mr Kumar

I am sorry to have to bother you again but the Muktsar

problem is getting worse.

The DC Aravind Kumar has now got into a major temper at

being told to stop the dog sterilization programme so

two things have happened:

1. He has refused to cancel the contract and has called

the press and said that the same NGO will renew it

after two weeks at the same inflated four times

higher price

2. Even worse, he has asked the EO Shri Bipin Kumar

96467091900 to launch a major harassment attack on

the whistle blower, a senior doctor called Dr

Shivani Arora 9988756385, Shivani ji is a dog

rescuer as well and she keep disabled dogs. All of

them are sterilized and vaccinated. On Friday the

EO sent a team to her locality where everyone has

 28

been living peacefully and threatened the

neighbours into signing a paper that the dogs

should be removed from her house. They also climbed

onto the neighbours houses to take pictures of her

house dogs. They removed all the dogs she feeds-

even though they are sterilized - and took them to

the abc where they remain locked up. Now they are

planning to come and attack her home. She is

extremely frightened.

I spoke to the EO and he said he had been

ordered to harass her by the DC so that she will

keep quiet when the programme restarts.

I find this kind of behaviour appalling. We

cannot use the power of the state to cover up

corruption. You run a good state where I have found

most of the officers listen to reason especially

during this time. This Aravind Kumar is going from

excess to excess.

Could you please put this right with your

usual efficiency

Warm Regards

Maneka Sanjay Gandhi

14 Ashoka Road
New Delhi 110001
08800067890
 29

ANNEXURE P-6

RE: Written Reply to Sh. Shergill (Deputy Director Local

Government Bathinda Zone)

From: Shivani Arora (drshivaniarora@yahoo.com)

To: ddlgbti12@gmail.com

Date: Monday, July 27, 2020, 10:36 AM GMT +5:30

On Friday, July 24, 2020, 2:44 PM, Shivani Arora

«drshivaniarora@yahoo.com> wrote:

Resp. sir.

You (deputy director local government Bathinda zone)were

in Sri Muktsar sahib on 23.07.20 to investigate the

irregularities and violation of laws in ABC (dogs)

programme launched in the city Muktsar. I was also called

upon to be a part of the inquiry. Below is my written

reply.

This project is a clear violation of Orders of Hon’ble

Supreme Court in SLP number 691/2009 and guidelines

issued by Animal welfare board of India. The following

are the violations.

1. The NGO/ AWO who was allotted the tender regarding

ABC (dogs) programme is not registered/recognised

with Animal Welfare Board of India which is a

mandatory condition (Annexure 1).

2. The staff of the NGO is not trained from Animal

welfare Board of India's recognised institutions

 30

which is again a mandatory condition for such

programs (Annexure 1).

3. The infrastructure etc. at the ABC Centre doesn't

qualify the Standard Operating procedures (SOP)

guidelines (Annexure 2).

4. The Operation Theatre doesn't qualify for complete

asepsis (Annexure 2).

5. On my visit to ABC centre on 10.07.20, a 'distemper’

dog was, first of all, operated upon and then was

being kept with other healthy dogs thus endangering

their lives. A state of gross negligence on part of

veterinarian and rest of the staff.

6. The tender allotted at the rate of 2300/dog which

is not reasonable and much higher than actual cost

incurred in such programs thus clear wastage of

public funds

7. The sultry weather of months of July August are not

suitable for such programs as not only wound

healing is delayed due to high humidity but also

chances of infection are high. The dogs are to be

released after 3 days as per the written document

of the administration. In such circumstances there

are greater chances of Dog's mortality post op or

after they are released.

As I brought the irregularities and violations in

this program to the floor, the district administration

started harassing me.

 31

It is pertinent to mention that we (people united

together for the welfare of animals) daily feed milk and

eatables to the dogs of the city once a day. Also we

provide medication to the sick dogs and keep them with

us till their recovery. And some crippled ones who can’t

survive on their own stay there.

We have been doing this past 6 years on a property

owned by me. Since these years no one raised any

objection as it was a noble cause. But after my

intervention in this program ABC(dogs), the municipal

committee people went to my neighbour's door to door and

got some papers signed from them against me. My

neighbours even don't know what they have written in

those papers. The municipal committee people even peeped

into my house from my neighbour's house without my

permission and in my absence and clicked photographs of

my dogs. If my neighbours had some issues against me,

lawfully they should have gone to committee office

rather than committee people themselves going from door

to door against me. It is a bizarre episode of efficiency

of municipal committee people when there are much

important issues left unaddressed by them even on

written requests of so many people of the city.

Further Sh. Dharampal the sanitary inspector came

to my neighbour's house yesterday at around 8:45 am and

when he saw me there he became uneasy and left the place

immediately. This clearly shows their intentions against

 32

me. It is important to mention that CCTV cameras have

been installed at my place.

In the circumstances mentioned above it is request

fully prayed that please look into the matter in a

sympathetic manner and at priority basis so that justice

may not be denied to the speechless.

Annexure 1. SLP 691/2009 dated 4.10.2016

Annexure 2. ABC rules 2001

Annexure 3. Revised ABC module

Attached: Letter to DC Muktsar Sahib.pdf

 33

ANNEXURE P-7

P.S. City Shri Muktsar Sahib

District Shri Muktsar Sahib

CHALLAN U/S 173 CR.P.C.

FIR NO. 18 DATED 25.01.2021 U/S

452,506,427,353,186,148,149 IPC P.S. CITY SHRI MUKTSAR

SAHIB

1. Name of the complainant: Executive Development

Officer, Municipal Council, Shri Muktsar Sahib.

2. Accused who have not been challaned:

(i) Ms. Shivani daughter of Mukand Lal resident of

Abohar Road, Shri Muktsar Sahib (Innocent)

(ii) Unknown persons.

3. Accused who have been challaned and are in custody:

NIL

4. Accused who have been challaned and are on bail:

Ms. Kadambini daughter of Sh. Mukand Lal resident

of Abohar Road, Shri Muktsar Sahib aged approx.. 49

years, date of arrest 08.02.2021.

5. Case Property: As per the Memo

6. List of Witnesses: As per the List

7. Brief Facts of the Case:

 34

Respected Sir, The brief facts of the case are as under,

that one letter from the Executive Development Officer

Nagar Council, Sri Muktsar Sahib was written to Hon’ble

Deputy Commissioner, Sri Muktsar Sahib and from the

office of Deputy Commissioner, Sri Muktsar Sahib, the

said letter was received to the Police Station. The

contents of the letter are as under “To Deputy

Commissioner, Sri Muktsar Sahib. Subject:- For creating

hindrance in the work going on in the dogs sterilization

center. With regard to the above cited subject, the

council of Sri Muktsar Sahib had started the work of dog

sterilization as per the orders of the Hon’ble Supreme

Court as well as the Guidelines of the Government. In

this regard, the concerned Contractor/Firm had written

a letter to this office that on 23.01.2021, Ms. Kadambani

along with some Nihang Sikhs, who were duly armed,

created a ruckus and created hindrance in the ongoing

work. Apart from this, the she managed to run away six

dogs, who were brought for the purpose of sterilization.

Therefore, appropriate legal action may kindly be taken

and protection may be provided so that the work may be

carried out without any fear and disturbance. Annexed

copy of the complaint. Sd/- Executive Officer, Nagar

Council, Sri Muktsar Sahib. A copy of the same is being

sent to the SHO, Police Station City, Sri Muktsar Sahib,

Sub-Divisional Magistrate, Sri Muktsar Sahib for their

information and appropriate action. Sd/- Executive

Officer, Nagar Council, Sri Muktsar Sahib” SHO of the

 35

police station forwarded the said letter to ASI Darshan

Singh for further action. “To the Executive Officer,

Municipal Council Sri Muktsar Sahib. Subject: Complaint

against Ms. Kadambani of trespassing the ABC Centre and

causing disturbance in the running of the project.

Respected Sir, This is to bring to your notice the

unfortunate incident that took place at the animal birth

control of Bura Gujjar Road adjoining the essar petrol

pump Shri Muktsar Sahib. A local civilian by the name of

Ms Kadambani along-with her sister Dr. Shivani and some

other people and nihang Singh Sardars carrying lathis

and weapons trespassed properly the government property

i.e. The ABC Centre harassed and threatened our staff

with abuse and told them that will beat everyone or our

staff if they don’t stop with the work and release the

dogs by opening the kennels. They forcibly entered the

premises of the Centre and opened the kennels dogs after

which 6 dogs run out from the Centre from keels 1 & 2.

The incident took place in the presence of sanitary

Inspector Mr. Brar of the Municipal Council we also have

the video-graphic proof of the incident which we have

submitted of you as well. The SSP Sri Muktsar Sahib along

with you the Superintendent Mr. Vir Vikram well informed

on the spot about the situation. I am also attaching the

statement given by my staff in written for four along-

with this application describing the entire incident.

The SHO of the nearest police station also arrived at

the scene and upon investigating assured our staff of

 36

protection against any such incident in the future. I

would request you to take action against Ms. Kadambany

and the rest for trespassing, restricting the government

work, threatening and harassing our staff and relocating

the dongs from the ABC centre. As our staff is from other

states, they are feeling unsafe to work under these

circumstances and it would be impossible to conduct the

project smoothly under such conditions, we request you

to provide security cover to them so that we can start

our work for the betterment of humans and dogs. Thanking

you with regards. Sd/- Rahul Bansal President and

Founder CAWA.” The said Letter bearing No. 283 dated

23/1/2021 from the Executive Officer, Nagar Council, Sri

Muktsar Sahib was received in the Police Station. From

the contents of the letter and attached complaint, it

has been found that Ms. Kadambani along-with some Nihang

Sikhs, who were duly armed forcibly entered at dog

sterilization center at Bura Gujjar Road near S. Petrol

Pump, Sri Muktsar Sahib and she managed to run away six

dogs who were brought in for sterilization and also

created hindrance in the work of sterilization. She also

manhandled two members of the staff present there and

threatened them and they were also threatened by the

Nihang Sikhs with their weapons. From the said contents,

the offence under Section 452, 427, 506, 148, 149 IPC is

found to be made. Accordingly, ASI entered the contents

of the letter as well as the complaint in the office and

 37

registered an FIR against Ms. Kadambani and her younger

sister Dr. Shivani and other unknown Nihang Sikhs.

On 26.01.2021, ASI Darshan Singh along with his

officials reached at the place of occurrence and

inspected the same and prepared the scaled site plan.

The statement of the witnesses were written. Dr. Bhagwan

Das Choudhary, Dog Sterilizer, Bura Gujjar Road, Sri

Muktsar Sahib came present at the police station and

presented the photocopy of the record with regard to the

dogs which were captured for the purpose of

sterilization and also produced the attendance record of

himself as well as the officials working in the center

and presented the same before ASI Darshan Singh which

ASI Darshan took into police custody vide separate

recovery memo. The statements of witnesses were recorded

in the said recovery memos.

On 27.01.2021, the complainant namely Paramjit

Singh Brar, Sanitary Inspector, Nagar Council, Sri

Muktsar Sahib got recorded his statement before ASI

Darshan Singh, that on 23.01.2022 at approximately

4:30PM, for routine checking, I had gone to Dog

Sterilization Centre at Bura Gujjar Road, Sri Muktsar

Sahib which was being run under the supervision of Nagar

Council, Sri Muktsar Sahib where Kadambani Arora and her

younger sister Dr. Shivani Arora along with 8-10 unknown

Nihang Sikhs entered the centre forcibly who were also

carrying deadly weapons. Kadambani Arora and Dr. Shivani

 38

Arora as well as the unknown persons came along with

them started abusing Dr. Bhagwan Dass Choudhary and

other staff members who were working there in the centre,

caused injuries on them and threatened them and also

opened the kennels of 5-6 dogs, who were brought for the

purpose of sterilization and made them run away. These

ladies as well as unknown persons abused me as well and

threatened me and also caused interference in performing

my official duties. Accordingly, upon the statement of

Paramjit Singh Brar, Sanitary Inspector, Nagar Council,

the offence under Section 353, 186 IPC was also added

into the present matter vide DDR No. 31 dated 27.01.2021.

On 04.02.2021, ASI Darshan Singh recorded the

statement of Jagjit Singh, Sanitary Inspector, Nagar

Council, Sri Muktsar Sahib.

On 08.02.2021, accused Ms. Kadambani and Dr.

Shivani produced the orders of Sh. Arunvir Vashisht,

District & Sessions, Sri Muktsar Sahib before ASI

Darshan Singh and ASI Darshan Singh as per the orders of

the Hon’ble Court joined the accused persons into the

investigation of the case and duly enquired from them

and thereafter formally arrested. Accordingly, the memo

of arrest, memo of search and seizure were separately

prepared. The statement of the witnesses were also taken

on the memos. Thereafter, the accused were released on

bail as per the orders of the court and the statement of

the witnesses were written.

 39

That on 09.02.2021, Dharampal, Junior Assistant of

the office of Nagar Council, Sri Muktsar Sahib produced

the photocopies of the work order compensation for

Animal Welfare Association Patiala and tender allotments

and the documents regarding the ownership of the

building were produced before ASI Darshan Singh, which

were taken by ASI Darshan Singh into police custody

vide separate recovery memos. The signatures of the

witnesses were also taken on the memos. The statements

of the witnesses were recorded.

On 10.02.2021, Karamjit Singh, S/o Sukhdev Singh,

who had recorded the video of the place of the occurrence

on 23.01, i.e. the date of occurrence, was produced in

a pen drive and a spate CD was also prepared which was

produced before ASI Darshan Singh, which CD as well as

65B Indian Evidence Act Certificate was taken by ASI

Darshan Singh into the police custody.

After ASI Darshan Singh, the further investigation

of the case was undertaken by SI Laljit Singh, ASI

Lakhwinder Singh and SI Ranjit Singh.

During the investigation of the case, Ms. Kadambani

had filed an application before the Senior Officers with

regard to her innocence, whose enquiry was undertaken by

SP (CBI), Faridkot. From the open and secret enquiry,

the video being prepared at the spot by Karamjit Singh

S/o Sukhdev Singh R/o Ward No. 11, Block 6BL, Tehsil

Gharsana, District Sri Ganganagar, statement of the

 40

witnesses present at the spot and other documents as

well as the evidence collected in FIR No. 18 dated

25.01.2021 under Section 452, 427, 506, 353, 186, 148,

149 IPC Police Station City, Sri Muktsar Sahib and from

the call details of Ms. Shivani having Mobile No. 99887-

56385 of dated 23.01.2021, it has been found that Ms.

Kadambani D/o Sh. Mukand Lal Arora, R/o House No. 4125,

Abohar Road, Sri Muktsar Sahib along-with other ladies

and persons out of whom, some of them were Nihang Sikhs

carrying rods, sticks etc. stopped the work of

sterilization of dogs being carried out as per the orders

of the Hon’ble Supreme Court as well as the directions

of the Government, in the supervision of the Municipal

Committee, Sri Muktsar Sahib, made six dogs run away

from the kennel. They also manhandled the Government

officials and caused interference in performance their

duties. At the time of occurrence, on 23.07.2021, at

approximately 04:00PM to 04:30PM, the nominated accused

of the case namely Ms. Shivani D/o Sh. Mukand Lal Arora,

R/o Abohar Road, Sri Muktsar Sahib was found not to be

present at the place of occurrence as per the video

prepared by Karamjit Singh S/o Sukhdev Singh R/o Ward

no. 7, Block 6BL, Tehsil Gharsana, District Sri

Ganganagar and she was also not found to be present at

her spoken English and French language centre at

Kotakpura Road, Sri Muktsar Sahib and since, she was not

present at the place of occurrence, therefore, she was

found to be declared innocent in the case. In case, if

 41

the same is being approved by your goodself, then it is

recommended to declare Ms. Shivani D/o Sh. Mukand Lal

Arora, R/o Abohar Road, Sri Muktsar Sahib as innocent

and thereafter, the further investigation of the case in

a proper and correct manner be undertaken by SHO Police

Station City, Sri Muktsar Sahib. Sd/- SP (CBI) Faridkot.

SP (PBI) Faridkot prepared his above mentioned

report and presented the same before Hon’ble SSP,

Faridkot and Hon’ble SSP, Faridkot while agreeing with

the said report, vide his letter No. 212-PC3/21 dated

16.09.2021 along with the enquiry report presented the

same before the Hon’ble Deputy Inspector General of

Police, Faridkot Range, Faridkot, which was approved by

Hon’ble Deputy Inspector General of Police, Faridkot

Range, Faridkot.

That from the statements recorded so far, scaled

site plan, enquiry of the accused, arrest of the accused,

their search memo and from the investigation conducted

so far, the evidence for presentation of challan against

Ms. Kadambani D/o Sh. Mukand Lal, R/o Abohar Road, Sri

Muktsar Sahib for the offences under Section 420 506 427

353 186 148 149 IPC have been found. Therefore, the

challan against the above mentioned accused namely Ms.

Kadambani D/o Sh. Mukand Lal, R/o Abohar Road, Sri

Muktsar Sahib under Section 173 for the offences under

Section 452, 506, 427, 353, 186, 148, 149 IPC is being

presented before the Hon’ble Court for its kind perusal.

 42

During the perusal, the witnesses mentioned in column

No. 6 will give their evidence who will give their

evidence who can be duly summoned.

Sd/-

SHO Police Station City,

Sri Muktsar Sahib

15.08.2022
 43

ANNEXURE P-8

Office of Municipal Council Shri Muktsar Sahib

Daily Attendance Register January, 2021

Month & Year: 01.01.2021

Sr. No. Name of Employee Designation Attendance

XX

XX 23.01.2021

9. Paramjit Singh Sanitary inspector Holiday

Being

Saturday

10. Jagjit Singh Sanitary inspector Holiday

Being

Saturday

XX

XX

XX
 44
ANNEXURE P-9
45
46
 47
ANNEXURE P-1
48
49
50
51
52
 53
ANNEXURE P-3
 54

ANNEXURE P-7
55
56
57
 58
ANNEXURE P-9