    
Kasakbabu
Desanike Pedda Bewarse
Username: Kasakbabu
Post Number: 9039
Registered: 11-2004
Posted From: 203.200.95.130
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, September 20, 2005 - 3:45 pm: |    |
The Lahore High Court in Pakistan has intervened in a bizarre dispute between a donkey owner and a neighbour over the treatment of the donkey.
A lower court had insisted that Nigah Hussain bring his donkey into court to verify his accusation that the neighbour had treated it cruelly.
Nigar Hussain refused to put his donkey through the further trauma of a court appearance saying it needed to rest.
Eventually he said he would bring the animal to court but only, reports say, if it was allowed to testify.
This was enough for the magistrate to declare that the case was not serious.
But now the Lahore High Court says it will hear the case and has summoned the accused.
'Family donkey'
Nigah Hussain says he bought the animal for 6,000 rupees ($100) and his whole family loved it.
He told police in Nurpur Thal, a small town in central Punjab, that a man from the neighbourhood - Mohammed Ramzan - had beaten the donkey.
Man with a donkey cart in Lahore
Donkeys are an important part of life, but not usually justice
Mr Hussain had taken the donkey to a local vet who issued a medical certificate stating that the donkey bore the marks of a brutal beating.
Mr Ramzan was subsequently arrested and charged under laws for the prevention of cruelty to animals.
But on taking up the case, the local magistrate asked Mr Hussain to produce the donkey in court.
Mr Hussain refused, saying the animal was resting as he appeared to be traumatised after the beating.
He argued that there were witnesses to testify that he did indeed own a donkey and he had filed a medical certificate proving that the animal had been beaten
He said that with such compelling evidence, there was no need to inconvenience an animal that had already suffered a lot.
'No proof'
But the magistrate said that unless he could see the donkey, he couldn't be sure that it was indeed the same animal as described to the police.
The size, shape and colour of the animal had to be physically verified, he said.
Besides, a map of the place where the beating was alleged to have taken place had not been attached to the complaint, the magistrate said.
The magistrate also said that the donkey's absence at the time of presenting the evidence in support of the case had cast doubts over whether any beating had actually taken place.
Mr Hussain was reportedly so upset with the magistrate's arguments that he said he was willing to bring the donkey to court but only if the magistrate would allow the animal to give evidence.
This apparently annoyed the magistrate who declared that it was not a serious case as the complainant was not willing to follow due legal procedure.
Accused Mohammed Ramzan was acquitted and the case dismissed.
But Mr Hussain remained adamant that the magistrate had "misread" the prosecution's evidence as well as the facts of the case.
He therefore filed an appeal with the Lahore High Court on Monday.
It is not yet clear if the donkey will be produced before the high court.
Mr Hussain says he has no plans to put the animal back to work until justice has been done. |
