- (1.) An application is preferred for modification of the order dated 06.01.2016 passed by this court directing the State Government and its functionaries as follows:- "(1) The Collector, Nagaur and any other functionaries of the State of Rajasthan shall not permit any organisation, institution, body or person to hold 'Tonga Race' in the State of Rajasthan including the district Nagaur; (2) The State of Rajasthan is directed to take appropriate steps to see that the persons-in-charge or care of animals, take reasonable measures to ensure the well-being of animals. It shall be ensured that horses are maintained, kept in good light and ventilation; sheds have enough space; their hygiene is taken care of; sufficient fodder and clean water is made available; hoofs of the horses are clean with proper horses-shoe etc; the horses suffering from arthritis etc. should not be forced to ply on the streets; (3) The State must ensure the implementation of the prevention of Cruelty to Animals Act, 1960 in its letter and spirit; and is scrupulously followed."
(2.) As per the averments contained in the application, the matter was brought before the State Animal Welfare Board in its meeting dated 13.08.2017 to consider and decide the proposal of District Level Committee to re-start the Tonga Race. The State Welfare Board unanimously resolved that if Hon'ble the Supreme Court permits for organising Tonga Race and stays the order passed by the High Court then by adhering the provisions of the Prevention of Cruelty to Animals Act, 1960 necessary guidelines can be issued for organizing such race.
(3.) It appears that the Director of Animal Husbandry, Departments of Animal Husbandry and Member Secretary, State Animal Welfare Board, Government of Rajasthan then approached to the Animal Welfare Board of India to review its report that was presented before the High Court in the instant petition for writ. The Animal Welfare Board of India under a communication dated 22.08.2017 conveyed to the State Animal Welfare Board that the Board may change its earlier stand and permit for the race with due consideration to animal safety and prevention of cruelty provided the State move before High Court for vacation of restrainment order.;