FIR registered in dead horses case

Friday, June 26, 2009

Horses that died after falling off Andheri flyover were apparently used in cart race; owner not traced yetAbout Pics : The horses lying dead after their tragic fall 10 days ago

Ten days after two horses used in a horse cart race, fell to their death from the Andheri flyover on the Western Express Highway, the Andheri police registered an FIR under the Prevention of Cruelty to Animals Act, 1960. No arrests have been made yet.

Following Mumbai Mirror’s report on the horses on June 15, the NGO PAWS tracked the horse owners to the slums on the Airport Authority of India’s land on Sahar Road, Andheri.

“When we went to the slums, we saw 8-9 horses tied and a couple of men sitting there told us the horses belonged to one Robert. We asked if any of Robert’s horses had died on Sunday. A man said they had and then clammed up,” said Sunish Subramanian, secretary of PAWS-Mumbai.

The team then went to Robert’s house. “Robert’s wife told us he was not in town. Outside the house we met an old man who told us a horse had been cremated in a nearby open area in the slums,” Sunish added.

PAWS approached Andheri police with the information, hoping it would give the police enough leads. “But, when we went to the slums the next day, the horses were still there. They had not been confiscated. The police have only taken the statement of the owner of the tempo used to carry the dead horses away. On Wednesday, they called me to register an FIR,” Sunish said.

The tempo owner, in his statement, has said that his tempo was at the spot when the incident occurred. He said he was merely asked to carry the dead horses to a particular spot and leave them.

“We are enquiring into the matter. We had not registered an FIR so far as we were conducting preliminary inquiries. The horse owners are yet to be traced,” said police sub-inspector A A Sonawane of the Andheri police station.

10 days after horses fall off highway, cops file an FIR

Jun 25, 2009 . Thu

Mumbai : Ten days after two horses — which were allegedly a part of an illegal horse race — fell off the Andheri flyover, landing on the busy Western Express Highway, the Andheri police has finally registered an First Information Report against the ‘unknown owner’ of the animals. The FIR comes after several follow-ups and a series of investigations by Newsline on the death of the horses.

“The FIR has been filed as per the Prevention of Cruelty to Animals Act (1960). We have now begun investigation in the case,” said Shivaji Deshmukh, senior police inspector of Andheri police station on Wednesday. According to the investigating officer of the case, police sub-inspector A A Sonawane, “We are trying to trace the owner of the horses who is suspected to reside in Anna Wadi, Sahar. However, neighbours indicate that the owner has left for Nashik, and we are now searching for horse owners across the city to get a clue in the case.”

Sonawane said that the police also traced the tempo which alleged picked up the horses from the spot immediately after the accident and dropped them somewhere near Sahar Gaon. “We have taken the statement of the driver of the tempo. It appears that the tempo was parked nearby when a group of men rushed to the driver and asked him to help pick up two animals. The driver seems to have agreed in goodwill. However, the group took the horses and asked the driver to unload them mid-way at Sahar. By then the driver was too frightened and fled,” Sonawane said.

The two horses were allegedly a part of 10-12 horse-drawn carriages, racing on the Andheri flyover at full speed at around 3 pm on June 14. Onlookers said that the carriage the horses were attached to gave way and flung the two animals down the flyover.

Last Tuesday, Newsline along with a representative of PAWS visited Dharam Sai Nagar, Anna Wadi, the plot near Hotel Leela Kempenski, where the alleged owner lives. Here, we spotted seven horses which according to residents belong to the same owner. On Wednesday, PAWS sent formal complaints, along with photographic evidence and the name of the alleged owner, to the Andheri Police station, the Sahar Police Station and the commissioner of police, asking for action against the owner for letting horses take part in illegal races on the streets of the city. The complaints stated that using animals for public performance without permission is illegal as per the Prevention of Cruelty to Animals Act (1960) and the Performing Animal Rules (1973 and 2001). Action can be initiated as per the Indian Penal Code (1860) and Bombay Police Act (1951) too, it stated.

Private aquarium maybe flouting Central Zoo Act

Sunday, June 21, 2009

Owner says premises used as treatment centre for injured animals, yet charges fee of Rs 10 to visitors, which makes it a mini zoo without required sanction

Once again, questions have been raised on investigations that the Anti Poaching Unit (APU) on Dolphin Fish Aquarium and Boating Club, Irla Chowk has conducted after TWM’s article ‘Dolphin Aquarium suspected of poaching’. Their search of this fish recreation centre has not only failed to find skins of monitor lizard that the complainant provided proof of, the APU has avoided involving the complainant for the investigations carried out.
About Pics : At the Dolphin Aquarium, monitor skin lizards (inset) have been seen in the past

States Sunish Subramanian, Secretary, PAWS, “During our meet with Satish Phale, Assistant Conservator of Forests (ACF), APU in May 27, which had RFO, Vigilance, Rajendra Magdum, PAWS-Mumbai, Member, Mihir Joshi and Owen Misquitta, Director of the aquarium as well as his wife, we were told we could accompany APU for the investigations or visit the Aquarium on the following Saturday.

However, on that day, we were informed that he would be taking only his team of two officers to carry out the investigations at the Aquarium. They ensured that the necessary actions will be taken on the Aquarium for poaching and keeping illegal wild animals in captivity under the guise of curing them.”

On their visit to the Aquarium, officers couldn’t find skins of monitor lizard, and they did not think it necessary to enquire the same of the director of the aquarium. Says Subramanian, “We have photographic evidence about the presence of monitor lizard skins. Moreover, we also have a voice recording of Misquitta, during his visit to Phale’s office, admitting that he did keep dried monitor lizard skins.

Why was any enquiry not been made on these lines?”
As per the panchnama that this TWM correspondent has in their possession, it’s stated that one Dr S R Deshpande had handed over the wild animals, other than the wild cat, to the Aquarium owner.

When Subramanian questioned Phale, as to who the person is, he was told Dr Deshpande was a veterinary officer working with another animal welfare NGO Karuna, and that the animals he gave to the aquarium were injured and kept there for medication and recovery.

Questions such as why a private aquarium was authorised to cure animals are still unanswered. More so, if the Aquarium is a treatment centre, then why is there a charge of Rs 10 from the visitors? According to PAWS, this amounts to a mini zoo, for which the owner does not have the permissions from the Central Zoo Authority and / or the Forest Department. Comments Phale, “About our course of action, we have carried out the necessary investigations and have forwarded a report to the Conservator of Forests. Now, it’s their duty to take action.”

States an assistant to the Conservator of Forests, “We have sent a letter to the RFO, Mumbai to carry out investigations on whether the Aquarium has permission from the Central Zoo Authority to run this private firm. Also, if the wildlife found at the Aquarium falls within any of the six scheduled sections of the Wildlife Protection Act, 1972. If it is so, then the Aquarium must posses an ownership certificate. If they fail to do so, then they will be booked under law.”

Incidentally, Arvind Shah, founder and animal activist, Karuna admits, “We have been handing over injured animals to this Aquarium to cure, because Parel Hospital lacks the necessary facilities to treat injured animals. More so, we have maintained a record about the types and number of animals that are handed over to this Aquarium. The owner does not sell animals, and all the animals are taken care of using the owner’s own funds.”

Take note
Keeping wildlife in custody is an offence under Wildlife (Protection) Act, 1972. Displaying wildlife in public taking money without sanction from Central Zoo Authority is an offence under Central Zoo Act, 1992.

Law behold
Under Wildlife Protection Act, 1972 under Section 9, 39, 40 (2), 49 B
* Hunting, keeping or breeding of any wild animals and birds
* Acquiring, receiving, keeping in control, custody or possession, selling wild animals like monkeys, snakes or any wild birds. This includes parakeets and mynahs
* Selling skins or meat of wild animals. This includes monitor lizard oil or oil of any other creature. Stuffed squirrels, snake skins and peacock feathers.

Penalty
Offender shall be punishable with imprisonment for a term of not less than one year, which may extend to six years, and also with a fine, which shall not be less than five thousand rupees
Under Section 38 (J)

Teasing, injuring or causing disturbance in the zoo Penalty Offender shall be punishable with imprisonment for six months, or with fine, which may extend to two thousand rupees or with both

Monkey Rescued From Concrete Jungle

21 June - 27 June '09
A monkey lost its way from the jungles and stray away in residental area. Two Samaritans Ketan Chosi and Rohini Fernandas spotted the helpless Simian and called up PAWS-Mumbai to rescue the animal.

PAWS-Mumbai diligently came to the rescue of the baby monkey and trapped it. They comforted it with food and water, kept it in observation for sometime and then released into its natural habitat.

Finally, police begin investigation into horses’ death at flyover

Sunday , Jun 21, 2009
Mumbai:
Finally, Andheri police have started looking into the case of the two horses that plunged off the Andheri flyover last Sunday. Police are conducting preliminary inquiries, following which a decision will be taken whether to register an offence.

“I have initiated an inquiry and have asked the information officer to report to me within two days. On Monday, we will look at what stage inquiries have reached and decide whether an FIR should be filed,” Shivaji Deshmukh, Senior Police Inspector of Andheri police station said on Saturday.

The police said they were also taking cognisance of Newsline’s visit to the address on Sahar Road, suspected to be the house of the owner of the dead horses. Last Tuesday, Newsline, along with a representative of PAWS, had visited Dharam Sai Nagar, Anna Wadi, the plot near Hotel Leela Kempenski where the alleged owner lives.

About Pics : The carriage at Andheri police station

Seven horses were spotted on the plot, which, according to local residents, belong to the same person. Some residents claimed that one of the dead horses was buried at the plot.

Subsequently, Sunish Subramanian of PAWS had sent written complaints to the Andheri and Sahar Police pleading immediate action.

People who saw the horses fall off the flyover had said that the two horses were part of a group of 10 to 12 horse-drawn carriages that were racing on the Andheri flyover. One carriage broke away flinging the two animals down the flyover, they said.

Andheri police had said the horses had disappeared by the time they reached the spot. It was later discovered by Newsline that the BMC’s disaster management cell had received a call from the police control room at 3 pm informing them about the accident. The BMC cell then informed the Bombay SPCA hospital. While the SPCA ambulance picked up one horse that was still alive for treatment on Sunday evening, the second horse is believed to have died on the spot. It is not known who had taken the horse and where.

Police sub-inspector A A Sonawane, the investigating officer in the case said, “We have started making inquiries based on the complaint filed by PAWS. We have also visited the alleged owner’s house. Neighbours claim the family has left town. We’ll interrogate the family, as soon as they return.”

The police also have in their possession the carriage the horses were pulling when the accident occurred. Sunish Subramanian, secretary of PAWS, who took a close look at the carriage said, “It looks like the left tyre came off, causing the carriage to tilt. This put pressure on the horses’ harness causing it to break and the animals were flung off.”

Minutes after horses’ death, cops knew about it; no case even now

Saturday , Jun 20, 2009

Mumbai: Five days after two horses — which were allegedly used in an illegal horse racing racket — fell off the Andheri flyover in broad daylight and plunged to death, it has emerged that the police knew about the accident at the time it occurred on Sunday. This was exposed when Newsline accessed the log book of BMC’s disaster management cell that had received a call from the police control room about the animal deaths at 3 pm on Sunday. However, no police report has been filed so far on the illegal horse race and the horses’ death. The police have not initiated any inquiry into the incident too.

According to personnel of the BMC’s disaster management cell, it was the police control room that informed the BMC about the death of two horses. As pet the cell’s log book, it has got a call from the main police control room at 3 pm on Sunday stating that two horses had fallen off the flyover bridge on the Western Express Highway, near Centaur Hotel, Vile Parle East. The log book also says that the disaster management cell have contacted the Bombay SPCA Hospital at 3.04 pm and informed them about the incident. However, the police control room refused to confirm this.
About Pics : Horses roam the plot behind Hotel Leela

On Tuesday, after a series of investigations, Newsline along with a representative of the Plant and Animal Welfare Society (PAWS), visited a site behind Hotel Leela Kempinski in Sahar Road, Andheri, which is suspected to be the area where the alleged owner of the horses lives.

On Friday, PAWS made another visit to the area and found that seven horses were still there in a makeshift stable. On Wednesday, PAWS sent formal complaints, photographic evidence and the name of the alleged owner, to the Andheri Police station, the Sahar Police Station and the commissioner of police, seeking action against the owner for letting horses take part in illegal races on the streets of Mumbai. The complaints stated that using animals for public performance without permission is illegal as per the Prevention of Cruelty to Animals Act (1960) and the Performing Animal Rules (1973 and 2001). An action can be initiated as per the Indian Penal Code (1860) and Bombay Police Act (1951) too, it stated.

When contacted, the Senior Police Inspector of Sahar Dilip Patil said, “It is not an important matter that needs urgent intervention. However, we will see what can be done as soon as possible.”

However, Deputy Commissioner of Police Nisar Tamboli, who said he was unaware about the death of two horses or an illegal racing network in the zone, said, “If a complaint is filed, I will look into the matter immediately and inform the police stations to take action.”

On horse death trail, hint of illegal races & a rearing ground

Thursday , Jun 18, 2009

Mumbai:
Two horses lying bleeding on the Western Express Highway after falling off the Andheri flyover on Sunday, an injured horse taken to BSPCA Hospital later Sunday evening, and then a long trail starting from an address listed at the hospital ended at an open wasteland behind Hotel Leela Kempinski on Sahar Road, Andheri. No investigation has been initiated into the bizarre death of the horses that were being used in a Borivali-to-Bandra illegal carriage race on Sunday, Newsline found that this could be the spot where the two horses lived before their painful death.

The trail began with a lead from the BSPCA (Bombay Society for Prevention of Cruelty to Animals) Hospital, which had an address for an injured horse brought in that evening and which died the following morning. The anonymous person who admitted the animal had listed a Marol address. However, when Newsline and a representative of the Plants and Animal Welfare Society (PAWS) trawled through Marol Naka on Tuesday, it was clear that the address was fake.

A string of enquiries finally led to Dharam Sai Nagar, Anna Wadi, a slum settlement adjoining the 20-acre plot on Sahar Road. According to residents of Anna Wadi, the dead horses were looked after by a resident and were usually rented out for weddings, races and joyrides. One of the horses that died on Sunday was buried at the site, one resident claimed.

At the spot were two other horses tied to a tree, plus five others in a makeshift stable nearby. One of the animals was a white horse painted with black stripes to resemble a zebra.
About Pics : A white horse painted as a zebra on a plot in Andheri

On Wednesday, Sunish Subramaniam of PAWS posted written complaints, along with photographic evidence and the name of the alleged owner, to the Sahar police station, the Andheri police station and the police commissioner, asking for action against the owner for letting horses take part in illegal street races. The NGO specified the laws against using animals for public performance without permission.
“I am making this complaint. Now it is the responsibility of the police to begin investigations,” Subramanian said. He also demanded an investigation into whether a horse is buried at the site.

The two horses that fell off the flyover were allegedly part of a group of 10 to 12 carriages taking part in an illegal race. They lay on the road for 45 minutes till a group of people took them away. The blood was cleaned within minutes. There was no police intervention.

“Yeh sab race ke ghode hai,” a local said, adding that the owner had eight to nine such horses. He added cautiously that the owner lives in the same settlement.

“While it is not illegal to keep horses, cruelty to animal for the sake of performance is unconstitutional,” Subramanian said. “However, organisers of these races often bribe lower-rung policemen. In most cases, the higher authorities are unaware of these events.”

When Newsline visited the house of the alleged horse owner in the Anna Wadi slum, his wife said, “My husband is not in the city. You can talk to him when he returns... We have a few horses, but we don’t use them for racing. We don’t know of any horse that died.”