Written arguments submitted before the Hon’ble Special Environment Court at Faridabad in the case of State versus Naresh Kadian ON July 9, 2014 but Hon’ble Court hold Naresh Kadian guilty.

Respected Sir,

It is humbly submitted that all the charges leveled against Naresh Kadian are not maintainable due to the following reasons:

1.     Our Indian Constitution defined the fundamental duties of every citizen of India, under article 51 A (g), which are reproduced “ to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures”, where as Naresh Kadian performed his Constitutional duties, at his own cost and expanses, to help prosecution.

2.     Naresh Kadian is a founder and chairman of the People for Animals Haryana, which is duly recognised by the Animal Welfare Board of India and he has performed according to the objectives of the said registered Non Government organization.

3.     Naresh Kadian is a Master Trainer of the Animal Welfare Board of India and performed his duties as assigned by then Minister of State for Social Justice and Empowerment Smt. Maneka Gandhi (Copy of letter attached here with as ready references).

4.     Naresh Kadian has performed his duties as Master Trainer, which were assigned to him by the Director (Animal welfare), Ministry of Culture.

5.     Naresh Kadian performed his duties as Master Trainer, which were assigned to him by the Animal Welfare Board of India.

6.     As per section 55 of the Wildlife Protection Act, 1972, there is no complaint on record against Naresh Kadian; hence present case is not maintainable against him.

7.     The Government officials left their charge on the dead body of the hunted black buck, which was burnt and buried, keeping in view, there are no offense made out against the Wildlife Protection Act, 1972 by Naresh Kadian.

8.     All the charges are baseless and false because there was no threat or man handling, committed by Naresh Kadian, to any one officials of the Wildlife Department.

9.     There was a mobe, electronic and print media, in their presence disposed carcass of black buck was brought out from the pit with the help of chokidar, by the public, which was transported from Jhajjar to Delhi zoo for fresh postmortem, identification of species by Naresh Kadian, in a vehicle provided by the Animal Welfare Division (Govt. of India), as ambulance for animals in distress. It would be pertinent to mention here that National Zoological Park (Delhi Zoo) can not accept any animal or any trophies with out any reasons, where as Naresh Kadian is a well known animal rights activist in India and his tireless services are being appreciated Worldwide, International PETA / Wildlife Trust of India / District Administration, Gurgaon and Faridabad issued merit certificates for his tireless services towards animals.

10.                        Naresh Kadian act was in good faith and in the interest of abused wild animals for natural justice; nothing was personnel, for profit as well.

11.                        The Chief Wildlife Warden of the State is a authority under the Wildlife Protection Act, 1972 and he has inquired the whole matter and found Naresh Kadian innocent, where as the findings of CWLW were against then Wildlife Inspector, Jhajjar and he was directed to withdraw his complaint against Naresh Kadian, which he admitted that same was submitted by him under Police pressure because there was no theft of Government property, committed by Naresh Kadian. Some observations are reproduced as under:

1.     Hunted black buck postmortem was conducted by a Veterinary Surgeon, Jhajjar on 4-6-2005 but report was withheld up to 6-6-2005 and Naresh Kadian carried disposed carcass of black buck on 5-6-2005, same was deposited in Delhi zoo, which was carried back by the Police from Delhi zoo.

2.     Naresh Kadian behavior was not objectionable, purely guided by his fundamental duties.

3.     Wildlife Inspector, Jhajjar admitted that he has moved complaint against Naresh Kadian under Police pressure and he never informed about all incidents to the Chief Wildlife Warden of Haryana from 3-6-2005 to 6-6-2005.

4.     Wildlife Inspector was first required to inform and consult with the Chief Wildlife Warden, Haryana about the matter and not to rush to register an FIR of theft being a subordinate to the CWLW under section 4(3) of the Act.

5.     The Inspector Wildlife was also a guilty of violating the provisions of section 50 (4) of the Act, which shows that he bypasses the authority of Chief Wildlife Warden in a casual manner.

Shaw cause notice was served on Inspector Wildlife and his reply was found contrary to the facts on record and hence unsatisfactory.

The CWLW of Haryana recorded that “ In view of the facts and circumtances he find the complaint of Inspector Wildlife unwarranted and a step taken in haste completely bypassing the CWLW, Haryana and he was not empowered to register a case of theft of Government property against Naresh Kadian unless permitted by CWLW, moreover in reality, no theft of Government property has taken place as alleged by Inspector Wildlife”. He further pointed out that he does not see any mens rea in the action of Naresh Kadian, no criminal case is made out against him and Inspector Wildlife was directed to withdraw his complaint immediately but Inspector Wildlife failed to obey the orders of CWLW, where as CWLW of Haryana endorsed his order dated 5-7-2005 to the SHO, Jhajjar intimating him to treat the complaint of Inspector Wildlife against Naresh Kadian as cancelled.

It would also be pertinent to mention here that on the information obtained under RTI Act, 2005 by Naresh Kadian, the arms license of Miss Soha Ali Khan was canceled by the District Magistrate, Gurgaon, where as her weapon was used for hunting black buck in question, as alleged.

Hence it is humbly prayed that all baseless allegations levelled against Naresh Kadian may kindly be dropped and he may kindly be acquitted from all charges.