MUMBAI, November 11: The much ado over the hapless lionesses of the Great Golden Circus has become a circus of sorts now.

For the Additional Sessions Judge, M L Tahilyani, today passed strictures against the Andheri Metropolitan Magistrate for ordering the police to hand over the six lionesses to Sanjay Gandhi National park for proper care, as they were reportedly blind or suffering from various ailments.

The judge remarked while hearing a criminal revision petition filed by the circus owner, Shahbuddin Rupani, that an elementary mistake had crept in the magistrate's order which did not specify the sections under which the ruling was delivered.

It was contended that the lionesses were confiscated as a result of the impugned order, which the magistrate was not entitled to deliver unless the police had filed an application prohibiting the circus to use the animals under Section 24 of the Prevention of Cruelty to Animals Act, 1960.

The order merely stated that the animals in question be handed over to Sanjay Gandhi National Park without any further direction on their medical care or treatment, the court was informed.

Section 35 of the act, the counsel for circus owner argued, required the magistrate to send the animals to an infirmary and Sanjay Gandhi Park was not one. For that matter, nowhere in the state exists an infirmary appointed by the government.

The judge today directed the magistrate to review the matter afresh on November 13 and pass the necessary orders after hearing all the parties -- the aggrieved circus owner, complainant Dr Satnam Ahuja of an animal welfare organisation Ahimsa, the Jogeshwari police, the superintendent of Sanjay Gandhi National Park and veterinary officers.

Counsel for the complainant urged the court to call for fresh medical reports of the sick lionesses from the veterinary doctors to determine their state of health.

Public prosecutor D M Arekar said although the order of the magistrate did not specify the section under which it was passed, section 75 of Mumbai Police Act , read with section 35 of Prevention of Cruelty to Animals Act, could be applied.

Citing a 1982 judgement of the Bombay High Court wherein two lionesses of a circus allegedly kept in small cages were returned to the owner following an undertaking given by him that the big cats will be kept in bigger and better cages, the director of the circus, Mohan Shahani told Express Newsline, ``We are ready to abide by any observations the court may direct us."

``Once we are through with this case, we will appeal to a higher court against the complainant for putting us into so much trouble,'' said Shahani.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.