The Bombay High Court on Monday refused to grant an interim stay on ban on slaughter of bulls and sale of their meat during the Muslim festival of Bakra Eid on the grounds that such an interim relief would amount to a stay on Section 5 of the Maharashtra Preservation of Animals (Amendment) Act.
Hearing petitions from the Muslim community members seeking direction to suspend provisions temporally banning and penalising the slaughter of bulls/male calves and possession of their meat under the amended Act, a HC Division Bench of Justices AS Oka and Vl Achliya, declined to grant any interim relief under the amended Maharashtra Act, which has been invoked to impose the ban.
The petitioners, Aslam Alamgir Malkani and Ishaque Abdul Aziz Shaikh, had sought relaxation on the ban on slaughter and sale of meat of bulls from September 25 to 27 owing to Bakra Eid festival.
Declining to grant any relief to the petitioners, the HC Bench observed: “We are not inclined to grant any drastic interim relief at this stage which would amount to a stay on Section 5 of the Maharashtra Preservation of Animals (Amendment) Act.”
In its elaboration, the HC Bench posed a couple of queries to the petitioners. “Can interim relief be granted on the State Government’s statutory powerIJ If there was power of relaxation under the Act we would have asked the State Government to consider it. How do we grant relief without staying the statutory provisionIJ” the Judges asked.
On their part, the petitioners had said that the amended Act banning and penalising the slaughter of bulls/male calves and possession of their meat, violated Articles 25 (freedom of religion), 26 (freedom to manage religious affairs) and 29 (protection of interests of minorities) of the Constitution.
Appearing for the petitioners, advocates Gayatri Singh and Ejaz Naqvi argued that slaughter of animals was a crucial part of the Muslim community’s religious practice to offer sacrifice on the holy festival.
“The State Government issued a circular banning slaughter of animals and sale of mutton and chicken for two days during the Jain community’s festival of Prayushan. Why cannot it (Government) issue a circular relaxing the ban on beef for the Muslim community,” Naqvi argued.
While declining to grant relief to the petitioners, the HC Bench said the matter raised by the petitioners could be dealt with only after a detailed affidavit is filed by all the respondents and posted it for final hearing on October 12.
Apart from the petition filed by Malkhani and Shaikh, the HC Bench was hearing another petition filed by Huzaifa Electricwala, challenging the amended Act and seeking a similar relief.