PUTRAJAYA: The Court of Appeal has restrained the Kluang municipal council (MPK) from destroying stray dogs or other animals in breach of procedures prescribed under the 2014 standard operating procedures (SOPs).
A three-member bench chaired by Justice Alwi Abdul Wahab, with Justices Shahnaz Sulaiman and Alice Loke, granted the interim order sought by Persatuan Perlindungan Haiwan Kluang without an order as to costs.
The order bars MPK from destroying stray dogs or other animals in any manner inconsistent with the housing and local government ministry’s SOPs governing the trapping and disposal of stray dogs by local authorities.
Lawyer Gavin Jayapal, assisted by Parveena Kaur, told the court that the association’s appeal against the dismissal of its application for leave to pursue judicial review was fixed for hearing on Nov 17.
He said the interim order was necessary to ensure MPK would comply with the prescribed procedures when carrying out its statutory duties.
The association filed its judicial review application in April last year, seeking declarations that the council had breached the SOPs in handling stray dogs.
It alleged that on Feb 4 last year, MPK confined several dogs in a single cage without food or water and on Feb 7, the council killed stray dogs and also buried them alive, in breach of prescribed procedures.
The association is seeking a declaration that the alleged acts amounted to cruel and inhumane treatment, as well as a mandamus order compelling MPK to comply strictly with SOPs in future operations involving stray dogs and other animals.
It is also seeking damages, costs and any other relief deemed fit by the court.
The association said it had lodged a police report over the alleged mistreatment, claiming it had received photographs and videos showing dogs, including puppies, being dragged while howling in distress and smaller animals being thrown into mass graves while still alive.
These remain allegations and have not been established as findings of fact in the proceedings for the interim order.
Senior federal counsel Suhana Sabil appeared for the attorney-general, who is also named as a respondent, while Noor Liana Hashim and Siti Nur Faizah Khairuddin represented MPK.