Dog Bites: Punjab & Haryana High Court Issues Notice On Contempt Plea Alleging Minimum Compensation Not Paid

The Punjab & Haryana High Court has taken a stern stand on alleged non-compliance with the High Court's order to grant a minimum compensation of Rs.10,000 per tooth mark in case of dog bites.

While issuing a contempt notice, Justice Rajbir Sehrawat said, "...it is clarified that the court will not accept any justification for non-compliance, even if the same is based on some perceived true facts. It is also clarified that even if some appeal is pending anywhere, that shall also not be taken as a justification for non-compliance, unless operation of the order is stayed by the Appellate Court."

 In 2023, the High Court issued a slew of directions to the police to expeditiously deal with the cases lodged pertaining to incidents of stray or wild animal menace in Punjab, Haryana & Chandigarh.

In case of stray dog bites, the Court had ordered a minimum compensation of Rs.10,000 per tooth mark and where the flesh has been pulled off the skin, it shall be a minimum of Rs.20,000 per "0.2 cm" of the wound.

A batch of 193 cases were decided by the Court pertaining to the incidents involving stray and wild animals in Punjab, Haryana as well as Chandigarh.

Raising concern over rising stay and wild animal menace, Justice Vinod S. Bhardwaj observed that,"Notwithstanding that such a large number of cases are being reported and even instituted before the Courts, the State has shown no inclination to address the issue. They have chosen to look the other way as people suffer injuries every day and underplay the magnitude of the problem by under-recording the incidents. The denial of the existence of a problem does not redress the problem but only escalates the agony of the citizen."

The present contempt petition was filed after the petitioner Mohan Singh Jaswal was allegedly bitten by a street dog, and the Chandigarh authorities statedly did not pay heed when he approached them for compensation.

Jaswal also filed a plea before the High Court seeking directions to UT authorities to grant compensation for the alleged dog bite. However, the contempt plea filed on May 24 stated that the authorities had submitted that the request had been forwarded to the Election Commission of India in view of the Model Code of Conduct.

"The respondents are taking the shield of Model Code of Conduct only in order to save their skin whereas as per the latest judgment rendered by this Hon'ble Court, it has been held that the state cannot take the excuse of Model Code of Conduct as the same does not come in the way of compliance of judicial orders," the contempt plea added.

Considering the plea, the Court said that, "if the order is not complied with, the respondents (Deputy Commissioner, Chandigarh and Commissioner, MC) shall remain personally present before this Court on the next date of hearing, to receive further orders in the contempt proceedings."

The matter is listed for September 23, for further consideration.

Jashandeep Singh, Advocate, for the petitioner.

MOHAN SINGH JASWAL v. SHRI VINAY PARTAP SINGH IAS D.C. CHD AND ORS

Click here to read/download the order