A Division Bench of the Bombay High Court on Monday declined to hear a bunch of petitions challenging the constitutional validity of the beef ban legislation in Maharashtra, after a judge recused himself from hearing them.
Monday’s development prompted Acting Chief Justice VK Tahilramani to consider appointing a special bench of the high court — comprising Justice Abhay Oka and a junior judge — to hear a bunch of petitions challenging the Maharashtra Animal Preservation (Amendment) Act, which prohibits the slaughter of bulls and bullocks — in addition to a ban on cow slaughter imposed through the original law in 1976.
When the petitions came up for hearing before the HC bench of Justices Oka and Gautam Patel, Justice Patel remarked: “Not before a bench of which I am part of”.
Justice Patel told the advocates appearing in the case that he was recusing himself from hearing the petitions, since as a lawyer, he had written an article in a newspaper in 2012 expressing his view in the matter. He had penned the article after the Karnataka Government proposed to a law banning beef in that state.
Following the recusal of Justice Patel from the cases, Acting Chief Justice VK Tahilramani would constitute a special bench comprising Justice Oka and another junior judge to hear the petitions, official sources said.
The Maharashtra Animal Preservation (Amendment) Act, for which President Pranab Mukherjee granted sanction in February this year, holds the sale of bulls and bullocks in the state for slaughter an offence punishable with five—year jail term and `10,000 fine. Besides, possession of meat of cow or of bull or bullock is also an offence for which the punishment prescribed is one year jail and `2,000 fine.