3 Oct 2023 9:43 AM GMT
The Supreme Court on Tuesday (October 3) refused to entertain a petition seeking directions to be issued to Delhi State Advisory Board for Animal Welfare to ensure that no cattle markets are held in Delhi without obtaining prior permission of the competent authorities as per law on the occasion of Bakra-eid. Apart from this, petitioner sought for direction to strictly implement and...
The Supreme Court on Tuesday (October 3) refused to entertain a petition seeking directions to be issued to Delhi State Advisory Board for Animal Welfare to ensure that no cattle markets are held in Delhi without obtaining prior permission of the competent authorities as per law on the occasion of Bakra-eid. Apart from this, petitioner sought for direction to strictly implement and enforce provisions of the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017.
The Bench, comprising Justice Sanjay Kishan Kaul and Sudhanshu Dhulia, categorically told the petitioner to approach the appropriate authorities under various Acts including Food Safety Act however; the petitioner, appearing in person, clarified that he has already made representations before the authorities and no action has been taken so far. Pursuant to this, he expressed his inclination to file a review petition before the Delhi High Court instead and withdrew his petition.
The Special Leave Petition was filed against the Delhi High Court’s order which dismissed the said plea, stating “Other than making some bald averments, no specific case has been highlighted in the instant Writ Petition… In the absence of any specific instance by the Petitioner showing as to how these rules are violated, a writ of mandamus cannot be passed in air. Nothing has been shows that the State is not performing its duties and only a failure to perform its duty by the State, give rise to a writ of mandamus.”
When the matter was listed for hearing, Petitioner-In-Person submitted: “Hon’ble HC dismissed my Writ Petition, saying that I have not made any specific case regarding the violation of rule.” Thereafter, he referred to certain photos to which Justice Kaul replied “These photos that you have put only show the trading of bakras and it doesn’t show that sacrifices not being made. Trading can be done but slaughtering should be done in designated places.”
At this, Justice Dhulia said: “Now you have the Food Safety Act and there are authorities, you can go to that…that is what the High Court has said”
However, petitioner persuaded the Bench to take up the matter and read the official logo of the SC (yatodharmastato jay) asserting that the same means that all living beings have the right to live without any fear.
The Bench reiterated that there are authorities and petitioner could approach them. To this, petitioner submitted “I have made representations to the authorities, but they have not taken any action. So, I had approached the Hon’ble High Court”
Nevertheless, Court, refusing to interfere in the present matter, made it clear that it cannot interfere in these issues and High Court’s jurisdiction is final.
As a result, the petitioner withdrew the petition and the same was “dismissed as withdrawn.”
Before the Delhi High Court, petitioner had submitted that during Bakra-Eid/Eid Ul Addha Goats/sheeps/ bullock will be mercilessly butchered throughout the country in the name of sacrifice during this festival. It was further stated that cattle markets are held at various places viz. Jaffrabad, Okhla, Jamia, Jama Masjid, Seelampur, Inderlok, Jamia amongst others without obtaining prior permission of the Administration or its competent authorities.
However, the High Court dismissed the said writ petition, while granting the Petitioner to approach this Court by showing specific instances of violation of the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017.
Case Title: Ajay Gautam V. Versus Delhi State Advisory Board For Animal Welfare And Anr., Slp(C) No. 16576/2023
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