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Delhi HC comes to rescue of German thoroughbreds
They were the best breed of German horses brought to India for racing but their ill-fate and the apathy of authorities drove them to the Government quarantine where they remained confined for over a year.
However, the three Hanoverian horses imported from Austria in September 2010 got a fresh lease of life with the Delhi High Court ordering their release on Thursday. The court ordered the Central Government to release these horses, which were confiscated soon after their import to Delhi on fears that they might pose health hazard.
Justice Vipin Sanghi lent credence to the medical examination reports of the three horses that they were perfectly healthy and were tested negative with Contagious Equine Metritis (CEM) -- a dreaded disease afflicting horses in Austria. The court noted that confining the horses in quarantine marred the ability of these horses. “Considering the fact that these horses were imported for the purpose of equestrian sports, there can be no denying the fact that they need regular and proper care and exercise. With the passage of each day, their potential to render service in equestrian sports would diminish,” Justice Sanghi said, while allowing the petition seeking release of the horses.
The petition was filed by a junior national equestrian champion, Arjun Sahlot, who got these horses imported from Austria for running them in race. However, they were confiscated by the customs department fearing that the animals might be carrying germs that could pose a health hazard in the city. However, the court rejected the contentions saying, “The import of horses from Austria/Germany has been undertaken and permitted in the past. Not only civilians, even the Army has imported horses and mules from these countries. Import is permitted even from countries which are CEM positive, subject to tests and conditions. There is no reason, not to permit the import of these horses if they satisfy the tests and conditions.”
Justice Sanghi ordered their release stipulating that they would be medically examined at the National Research Centre on Equines to ascertain that they were free of any CEM infection. The court also asked Sahlot, who had got the horses imported, to pay the cost of their upkeep at a quarantine station at Kapashera in South West Delhi for over a year following their seizure at the Indira Gandhi International Airport. The court also asked Sahlot to have proper clearance from the Government for import of his steeds from Austria or Germany for securing its release. Sahlot was also asked by the court to pay customs duty, fine and penalty etc imposed by the Government for importing the steeds on basis of wrong import licence.
The custom department officials had confiscated the horses saying that while the licence mandated their import from Australia, while they were actually imported from Austria, a region declared as positive for CEM from where import of horses is banned. “The mere lack of a prior import license to import horses from Austria/ Germany cannot come in the way of the petitioner. Also, the procedural requirements cannot become an excuse to deny the substantive rights of a party,” the court maintained. These horses arrived in India on September 8 last year and remained in Isolation Animal Shed at Indira Gandhi International Airport till December 28 without showing any sign of disease and they were shifted to the Quarantine Station of the department of animal husbandry, Government of India. Further, ever since their arrival in India, they were not found to be suffering from any disease whatsoever.
They were the best breed of German horses brought to India for racing but their ill-fate and the apathy of authorities drove them to the Government quarantine where they remained confined for over a year.
However, the three Hanoverian horses imported from Austria in September 2010 got a fresh lease of life with the Delhi High Court ordering their release on Thursday. The court ordered the Central Government to release these horses, which were confiscated soon after their import to Delhi on fears that they might pose health hazard.
Justice Vipin Sanghi lent credence to the medical examination reports of the three horses that they were perfectly healthy and were tested negative with Contagious Equine Metritis (CEM) -- a dreaded disease afflicting horses in Austria. The court noted that confining the horses in quarantine marred the ability of these horses. “Considering the fact that these horses were imported for the purpose of equestrian sports, there can be no denying the fact that they need regular and proper care and exercise. With the passage of each day, their potential to render service in equestrian sports would diminish,” Justice Sanghi said, while allowing the petition seeking release of the horses.
The petition was filed by a junior national equestrian champion, Arjun Sahlot, who got these horses imported from Austria for running them in race. However, they were confiscated by the customs department fearing that the animals might be carrying germs that could pose a health hazard in the city. However, the court rejected the contentions saying, “The import of horses from Austria/Germany has been undertaken and permitted in the past. Not only civilians, even the Army has imported horses and mules from these countries. Import is permitted even from countries which are CEM positive, subject to tests and conditions. There is no reason, not to permit the import of these horses if they satisfy the tests and conditions.”
Justice Sanghi ordered their release stipulating that they would be medically examined at the National Research Centre on Equines to ascertain that they were free of any CEM infection. The court also asked Sahlot, who had got the horses imported, to pay the cost of their upkeep at a quarantine station at Kapashera in South West Delhi for over a year following their seizure at the Indira Gandhi International Airport. The court also asked Sahlot to have proper clearance from the Government for import of his steeds from Austria or Germany for securing its release. Sahlot was also asked by the court to pay customs duty, fine and penalty etc imposed by the Government for importing the steeds on basis of wrong import licence.
The custom department officials had confiscated the horses saying that while the licence mandated their import from Australia, while they were actually imported from Austria, a region declared as positive for CEM from where import of horses is banned. “The mere lack of a prior import license to import horses from Austria/ Germany cannot come in the way of the petitioner. Also, the procedural requirements cannot become an excuse to deny the substantive rights of a party,” the court maintained. These horses arrived in India on September 8 last year and remained in Isolation Animal Shed at Indira Gandhi International Airport till December 28 without showing any sign of disease and they were shifted to the Quarantine Station of the department of animal husbandry, Government of India. Further, ever since their arrival in India, they were not found to be suffering from any disease whatsoever.
