A Gujarat high court judge has been awarded the 'compassionate action award' by animal rights body People for Ethical Treatment of Animals (PETA), India for ordering the release of 494 birds held captive in cages by illegal bird sellers.

In his judgement of May 12, while hearing a bunch of petitions filed by bird sellers justice M R Shah had observed that, "to keep birds in cages would tantamount to illegal confinement of the birds which is in violation of right of the birds to live in free air/sky".

"It is the fundamental right of birds to live freely in the open sky," he had further observed, while ordering release of 494 birds including parrots, doves, pigeons, and love- birds, besides animals like rabbits and dogs held captive by illegal sellers.

"In ordering that the birds be freed, justice Shah has made a powerful statement that violations of laws aimed at protecting animals must be strongly enforced," PETA India's Poorva Joshipura said in a statement.

"We are calling on police and courts across India to set a zero-tolerance policy for anyone who cages birds and thereby denies these animals their precious and most fundamental right to be able to fly," Joshipura added.

"PETA India commends and thanks justice M R Shah for his compassionate decision stating that birds have the right to fly free and not be caged. His kindness will serve as an example for others to emulate," the award citation said.