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Animal Welfare Organisations Seeking Modification of Directions — (2026) 1 SCC 774

Rule 11(19) of the ABC Rules, 2023 mandates re-release of sterilised and vaccinated stray dogs to the same locality.

In Re: City Hounded by Strays, Kids Pay Price — (2026) 1 SCC 774

Core Argument

Rule 11(19) of the ABC Rules, 2023 mandates re-release of sterilised and vaccinated stray dogs to the same locality. The Court's direction prohibiting re-release from institutional areas directly conflicts with statutory provisions and violates the fundamental principles underlying the ABC framework, including prevention of the 'vacuum effect'.

Key Precedents

Prem Chand Garg v. Excise Commr., 1962 SCC OnLine SC 10 — Constitution Bench held that power under Article 142(1) cannot be exercised to make an order inconsistent with statutory provisions or substantive law.
Shilpa Sailesh v. Varun Sreenivasan (2023) 14 SCC 231 — Constitution Bench held that exercise of Article 142 power is prohibited when the order is plainly and expressly barred by statutory provisions based on fundamental principles of public policy.
Union Carbide Corporation v. Union of India (1991) 4 SCC 584 — While affirming plenary nature of Article 142, this Court held that due regard must be had to statutory provisions founded on fundamental considerations of public policy.

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