New Delhi: The Supreme Court on Monday dismissed as withdrawn a public interest litigation (PIL) seeking directions for the effective enforcement of anti-cow slaughter laws and the regulation of slaughterhouses across the country, observing that the appropriate remedy in case of violation of any existing court order would be to initiate contempt proceedings.
A Bench of Justices Vikram Nath and Sandeep Mehta declined to entertain the plea and told the petitioner: “If there is a violation of some order, file a contempt petition.” “Dismissed as withdrawn. File a contempt petition if there’s violation of some order,” the Justice Mehta-led Bench observed.
The PIL sought a writ of mandamus directing the Centre, all states, and union territories (UTs) to enforce anti-cow slaughter laws in terms of the Supreme Court’s judgment in State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005), besides seeking directions to notify guidelines for regulating slaughterhouses and to initiate legal action against operators violating existing anti-slaughter laws.
Filed through advocate Barun Kumar Sinha, the plea contended that despite the law declared by the apex court in the Mirzapur Moti Kureshi Kassab Jamat case upholding the validity of legislative measures imposing a complete ban on cow slaughter, the judgment was allegedly not being implemented effectively across the country.
The PIL said it had been instituted in the larger public interest to secure due compliance with the binding judgment and ensure its faithful implementation by the respondent authorities throughout the country.
Referring to the constitutional and statutory framework relating to cow protection, the petition traced the evolution of anti-slaughter laws enacted by various states since the pre-Constitution era and relied on Article 48 of the Constitution, which directs the State to take steps for preserving and improving breeds and prohibiting the slaughter of cows, calves and other milch and draught cattle.
It also referred to a series of judicial pronouncements, including the Constitution Bench judgment in Mohd. Hanif Quareshi v. State of Bihar and the seven-judge Constitution Bench ruling in State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat, which upheld the constitutional validity of a total prohibition on the slaughter of cow progeny.
The petition further relied on a 2019 Press Information Bureau release issued by the Ministry of Fisheries, Animal Husbandry and Dairying relating to anti-cow slaughter legislation enacted by various states, as well as a public notice issued by the West Bengal government in May this year reiterating restrictions on cattle slaughter under the West Bengal Animal Slaughter Control Act.
(IANS)
