Delhi

Delhi HC refuses to pass urgent orders on plea seeking ban on illegal slaughtering of animals on Bakrid

A vacation bench of Justices C Hari Shankar and Manoj Jain while hearing urgent application by one Ajay Gautam said: “We are now in the last week of vacation in June. We are not going to entertain this. It is our discretion to decide if it is urgent or not.”

New Delhi : The Delhi High Court on Wednesday refused to pass urgent orders on a plea seeking strict adherence to AAP government’s advisory issued against illegal slaughtering of cows and other animals ahead of Bakrid.

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A vacation bench of Justices C Hari Shankar and Manoj Jain while hearing urgent application by one Ajay Gautam said: “We are now in the last week of vacation in June. We are not going to entertain this. It is our discretion to decide if it is urgent or not.”

Gautam has filed the current application – which is now listed before regular bench for July 3 – in his already pending plea against cow slaughtering seeking strict adherence to Secretary-cum-Commissioner (Development) of Delhi Government’s advisory.

The advisory had stated that it is feared that a lot of unlicensed animal markets and illegal slaughtering may take place in different parts of the city on the eve of Bakrid, hence it is requested that authorities may take suitable precautionary measures for enforcing laws relating to welfare of animals to put a stop to illegal killing of animals during the festival.

Asking to take strict action against the law breakers, the government’s advisory referred to Rule 3 of the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, which states that that no person shall slaughter any animal within a municipal area except in a slaughterhouse recognised or licensed by the concerned authority.

It also referred to Rule 2.5.1(a) of Food safety and standards (Food products standards and food additives) Regulations, 2011 which provides that the camels cannot be slaughtered for food purpose. It also said that the Delhi Agricultural Cattle Preservation Act, 1994 strictly prohibits
slaughtering of cows in Delhi.

Objecting to Delhi Deputy Mayor, Aale Mohd. Iqbal’s tweet, which said that no action be taken in case of sacrifice of cows or animals in houses, Gautam sought court’s direction to authorities to take strict action against him.

Claiming that around 5 lakh cows may be sacrificed during the festival, Guatam highlighted the urgency of his application.

However, the court said that it is not a matter which cannot wait for two more days for the court to reopen for a regular hearing before the roster bench.

“In these circumstances, in our opinion, it would be appropriate if the matter is heard by the roster bench on July 3 instead of last week of vacation,” the court said.

As Gautam said that he was granted liberty by the regular bench headed by Chief Justice Satish Chandra Sharma to approach the vacation bench in view of any urgency, Justice Shankar orally said: “Oral observations have no meaning. Is it reflected in the order? It is not. We are not entertaining this in the vacations. It is not that we did not understand your request. The matter is pending before the division bench. Let it go to the regular bench. We are listing it on the first working day. We cannot do better than that.”

As Gautam still insisted that the matter be heard in detail and referred to a Mantra of Yajurveda, Justice Shankar said: “Don’t overstay your welcome. You are not a newcomer. We are seeing you for the last five years. You know the decorum and discipline of the court. You tried your best to convince us.”

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