On a petition filed by Vinyog Pariwar Trust and other animal welfare organisations, the division bench of Chief Justice M B Shah and Justice Y S Jahagirdar, however, ordered that the stay granted on August 17 on the killing of stray dogs dogs suffering from critical illness or rabies would continue for the next two weeks.

The petition was filed following the Mayor-In-Council's August 4 resolution permitting the civic body to kill stray and sick dogs. The petitioners submitted that the BMC would, on account of the resolution, have powers to kill all dogs indiscriminately and randomly.

Additional solicitor general of India, Dhananjay Chandrachud told the court that the BMC's guidelines on control of stray dogs and rabies would be based on therecommendations of the Animal Welfare Board of India.

The guidelines laid down by the Welfare Board say the concerned civic body should maintain a register of complaints against stray dogs and identify stray dogs in the presence of the local NGO's members. Besides this, the Board has suggested that the Deonar dog pound created by BMC should be handed over to the NGO, In Defence Of Animals, for sterilization of dogs, and the costs incurred on such programmes should be borne by BMC.

The BMC submitted it wasn't opposed to the policy of sterilisation of dogs and was following it in letter and spirit. But sick and stray dogs need to be killed in the interests of the public, it maintained.

The counsel for All India Animal Welfare Organisation, Jai Chinoy, in his submissions said BMC had targetted stray dogs because it failed to find canines infected with rabies. After hearing the arguments at length, the court allowed the All India Animal Welfare Association to intervene in the matter. Earlier, Ahimsa wasallowed to act as intervenor. The NGOs involved are Society for Prevention of Cruelty to Animals, Ahimsa, Welfare of Stray Dogs and All India Animal Welfare Association.