Mohammed Haneef Nadir Hussain ... vs State Of Maharashtra And Anr
2022 Latest Caselaw 6285 Bom

                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

PRADNYA
MAKARAND
                                                   CRIMINAL APPELLATE JURISDICTION
BHOGALE
Digitally signed by
PRADNYA MAKARAND
BHOGALE
                                              INTERIM APPLICATION (ST.) NO. 10390 OF 2022
                                                                  IN
Date: 2022.07.06
19:10:18 +0530




                                      PUBLIC INTEREST LITIGATION (ST.) NO. 11038 OF 2021

                      Mohammed Haneef Nadir Hussain Qureshi              ...      Applicant

                      IN THE MATTER BETWEEN
                      Jiv Maitri Trust                                   ...      Petitioner
                                vs.
                      State of Maharashtra and anr.                      ...      Respondents

                      Mr.       Jahangir         Khanalu   Amanullah   Khan    for   the     applicant     in
                      IAST/10390/2022.
                      Mr. Anil Anturkar, Senior Advocate a/w Ms. Siddh Vidya, Mr. Raju Gupta, Ms.
                      Sneha Jain, Mr. Dhruv Gupta and Mrs. Darshika Vasani i/b. Mr. Mukesh
                      Gupta for the petitioner.
                      Mr. A.R. Patil, APP for the State - respondent no.1.
                      Mr. N.R. Bubna for respondent no.2.

                                                              CORAM : A. K. MENON , J. &
                                                                        M.S. KARNIK , J.

DATED : 5th JULY, 2022

P.C. :

1. The applicant is an intervenor. He has sought intervention in the Public

Interest Litigation (St.) No. 11038 of 2021 seeking that this Court revisit the

order dated 20th July, 2021 and to lift the stay granted and allow the

Temporary Slaughter Houses to operate in times of festivals in the Bhiwandi

area and to issue proper orders and/or directions to the respondent-

903.iast.10390-22.odt PMB Corporation to allow temporary slaughter houses to operate during the 3

(three) days of Bakri Eid festival in the Bhiwandi City area. Secondly, the

applicant seeks directions to the respondents to construct the Idgah Slaughter

House as per the order of the National Green Tribunal.

2. At the hearing of this application, the learned Advocate for the

applicant states that he has instructions not to press for the prayer seeking a

direction to construct the Idgah slaughter house. Statement is accepted.

3. The application today is on the basis that the order dated 20 th July,

2021 observes in paragraph 5 that no slaughtering of animals shall be

allowed except in recognized or licensed slaughter houses and that too in

accordance with the statutory rules and the guidelines/decisions of the

competent Courts of law. The Division Bench directed that should any

violation be noticed, appropriate action shall be taken by the civil, municipal

and police administration. The aforesaid order came to be passed because the

Commissioner of Bhiwandi Nizampur City Municipal Corporation by the

order dated 15th July, 2021 permitted 38 temporary slaughter houses to be

functional for the purpose of slaughtering of animals on the occasion of Bakri

903.iast.10390-22.odt PMB Eid between 21st and 23rd July, 2021. It is contended that this year the Bakri

Eid festival will celebrated from 10th to 12th July, 2022. It is necessary to

permit sacrificial killing of animals as per Section 28 of the Prevention of

Cruelty to Animals Act, 1960 which provides that nothing contained in this

Act shall render it an offence to kill any animal in a manner required by the

religion of any community.

4. On behalf of the applicant, it is submitted that the law permits

sacrificial killing of animal and the order dated 20 th July, 2021 will deprive

the citizenry celebrating the festival of Bakri Eid and in exercise of their rights

as contemplated under Section 28 of the Prevention of Cruelty to Animals Act,

1960.

5. We have heard learned counsel for the petitioner who has brought to

our attention the fact that the Supreme Court in its judgment in Laxmi Narain

Modi vs. Union of India and others 1 has set out in detail, guidelines and

directions to be followed in the case of slaughtering of animals which order

also specifically provided that all States and Union territories must ensure the

compliance.

1    (2013) 10 SCC 227

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6. Mr. Anturkar, learned Senior Advocate on behalf of the petitioner states

that if temporary slaughter houses are permitted it will be in violation of the

orders of the Supreme Court and the Act and Rules made thereunder. Mr.

Anturkar submits that the festival is fast approaching and a final decision in

the petition is not possible at this stage. He has invited our attention to the

observations in judgment of Laxmi Narain Modi (supra) and also invited our

attention to the rules framed under the Prevention of Cruelty to Animals

(Slaughter House) Rules, 2001 with specific emphasis on Rules 3 and 6. He

also relied upon the fact that a "temporary" slaughter house cannot be

permitted. With the aid of the aforesaid Rules, Mr. Anturkar submits that the

Corporation in particular Bhiwandi Nizampur City Municipal Corporation is

bound to follow all the law laid down in Laxmi Narain Modi (supra) and the

rules to which we have made reference. Considering the fact that this Court

had already prevented setting up of temporary slaughter houses and since

that order is in operation it should continue to operate and no slaughter

should be permitted.

7. We have called upon Mr. Bubna who represents the Bhiwandi

903.iast.10390-22.odt PMB Corporation to apprise us of the factual position in Bhiwandi. Mr. Bubna

submits that since the 0rder dated 20th July, 2021 was passed and as on date

the Corporation has not taken any steps to set up licensed slaughter houses.

He submits this on the basis of the instructions of the Corporation.

8. Prima facie, we find that nothing prevented the Bhiwandi Corporation

from acting in accordance with law and setting up licensed slaughter houses

but it appears that the Corporation has not made efforts to set up licensed and

permitted slaughter house(s) for the locality. Be that as it may, the reasons for

moving this application is that the festival is fast approaching and in this

respect, upon a query from the Court Mr. Bubna states that the Bhiwandi

Corporation proposes to make arrangements, on the lines of the policy for

grant of permissions for sacrificial killing of animals on the occasion of

festival such as Bakri Eid contemplated by the Mumbai Municipal

Corporation (MCGM). In this respect Mr. Bubna has invited our attention to

the policy for grant of temporary no objection certificate for slaughter of

animals on occasion of religious festivals and under special circumstances as

presented to this Court at the hearing of the Writ Petition. Mr. Bubna submits

903.iast.10390-22.odt PMB that the Bhiwandi policy will be implemented by Bhiwandi Nizampur City

Municipal Corporation on the lines of the MCGM policy. He has tendered

across the bar a draft of the policy for grant of temporary NOC for slaughter

of animals on the occasion of festival. On a perusal of the policy we find that

the provisions of Section 378 (1) (iv) of Maharashtra Municipal Corporation

Act, 1949 permits the Commissioner of the Corporation to grant written

permission for the slaughter of an animal in any place that he thinks fit, on

the occasion of any festival or ceremony or under special circumstances.

9. Mr. Bubna submits that in the case of Bakri Eid festival, arrangements

can be made for grant of such permission upon receiving a written

application for the said purpose at least two days prior to the date of the

festival. He has invited our attention to Clause 1(E) of the said policy which

reads as follows :-

"1(E) Citizens desirous of slaughtering at any place may apply to Assistant Commissioner of concerned ward office at least two working days prior to the date of festival. Assistant Commissioner shall verify if adequate water supply is available at the place so also if proper sanitation facilities are available at the place. In case of any objection, concerned citizen shall be intimated on his email id on the same day so as to enable him/her to suggest an alternative place."

903.iast.10390-22.odt PMB

10. Mr. Bubna the learned counsel for the Bhiwandi Corporation submits

that by virtue of delegation of powers of the Commissioner, an Assistant

Commissioner is authorised to verify if adequate water supply is available at

the place so also if proper sanitation facilities are available at the place and in

case of any objections raised, the applicant shall be intimated on his email

address on the same day so as to enable him/her to suggest an alternative

place. Mr. Bubna has also submitted that applications should be submitted to

local police station(s) and traffic department and their NOC shall be obtained.

We are informed that it will be also necessary for the State to provide

sufficient number of veterinary doctors for the purpose of ensuring the health

of the animals in question which shall be monitored prior to the sacrificial

killing if any and keeping in mind the directions given in the judgment of the

Supreme Court in the Laxmi Narain Modi (supra). In addition the State

should also provide sufficient police force. Mr. Bubna further submits that if

these requests are complied with by the State Government and authorities

concerned, the directions in the judgment of the Supreme Court and so also

the slaughter house rules will be strictly followed.

903.iast.10390-22.odt PMB

11. We have also heard Mr. Carlos on behalf of the MCGM and he

confirms that the MCGM policy has worked well and all requirements of law

are being observed. Some of the intervenors who have filed separate petitions

seeking tagging of their petitions as well that can be considered later. In the

meantime having heard the learned counsel for the parties before us, we find

that under Section 378 (1) (iv), the Commissioner of the Municipal

Corporation is fully empowered to grant such permission if the applications

are compliant. In this respect, we have considered the order dated 15 th July,

2021 passed by the Commissioner of the Bhiwandi Corporation and the

circumstances in which the order dated 20 th July, 2021 came to be passed.

The directions contained in the order of this Court prohibits setting up of

temporary slaughter houses as contemplated by the Bhiwandi Corporation.

This however will be to be read in the light of the provisions of the

Maharashtra Municipal Corporations Act, 1949 in which under Chapter XXII

Section 378 (1) (iv) specifically provides that the Commissioner may grant

written permission for the slaughter of an animal in any place that he thinks

fit on the occasion of any festival or ceremony or under special

903.iast.10390-22.odt PMB circumstances. Thus, the Commissioner of the Corporation is fully authorised

to grant written permission for such sacrificial killing in response to any

application that may be received.

12. The provisions of the Prevention of Cruelty to Animals Act, 1960 also

contemplates an exception under Section 28 declaring that it will not be an

offence under the said Act to kill any animal in a manner required by the

religion of any community. The applicant has now invoked this provision.

The specific provisions of Section 28 reads as follows :-

"28. Saving as respects manner of killing prescribed by religion. Nothing contained in this Act shall render it an offence to kill any animal in a manner required by the religion of any community."

(emphasis supplied)

13. On a fair reading of Section 28 of the Prevention of Cruelty to Animals

Act, 1960 and Section 378 (1) (iv) of the Maharashtra Municipal Corporation

Act, 1949, we are of the view that for festivals such as Bakri Eid, in the event

an application is made in accordance with law and as prescribed by the

Corporation in keeping with the provisions of Section 378 (1) (iv) the

Commissioner of the Corporation is authorised to grant permission for

sacrificial killing of animals. The order dated 20 th July, 2021 passed in the

903.iast.10390-22.odt PMB above Public Interest Litigation while staying the operation of the order of the

Commissioner dated 15th July, 2021 directed that no effect or further effect

thereto shall be given to that order dated 15 th July, 2021 without obtaining

the leave of the Court. This application is filed on the ground that the law

permits sacrificial killing of the animals on the festival occasion and that

Section 28 is specifically intended to take into consideration such

eventualities. In view of Section 378 which the learned counsel for the

Bhiwandi Corporation has now invoked we are of the view that such leave

can be granted without disturbing the order which prevents setting up of

temporary slaughter house. In this context and in the light of Mr. Anturkar's

assertions that the provisions of the Prevention of Cruelty to Animals

(Slaughter House) Rules, 2001, we find that a 'slaughter house' is defined

under Rule 2(c) of the Prevention of Cruelty to Animals (Slaughter House)

Rules, 2001 as follows :-

"2(c) "Slaughter house" means a slaughter house wherein 10 or more than 10 animals are slaughtered per day and is duly licensed or recognised under a Central, State or Provincial Act or any rules or regulations made thereunder."

903.iast.10390-22.odt PMB

14. On a fair reading of this definition, it is clear that a slaughter house

means a place wherein 10 or more than 10 animals are slaughtered per day

and is duly licensed or recognised under a Central, State or Provincial Act or

any rules or regulations made thereunder. The instant application is not a

case where the applicant seeks a Slaughter House to be set up. The applicant is

seeking leave of the Court so that the permission of the Corporation may be

sought in the course of the citizenry seeking to exercise their rights under

Section 28 of the Prevention of Cruelty to Animals Act, 1960 read with rules

laid down and the Maharashtra Municipal Corporation Act, 1949. In

particular, Section 378 (1) (iv) to which we have made a reference. If read

together, we are of the view that exercise of discretion by the Commissioner

Section 378(i) (iv) will not amount to violation of law or the direction

contained in the order dated 20th July, 2021. The Bhiwandi Corporation will

be bound to take into consideration the sacrificial killing of the animals in

consonance with the judgment of the Supreme Court in Laxmi Narain Modi

(supra) and the rules under the Prevention of Cruelty to Animals Act.

903.iast.10390-22.odt PMB

15. In this view of the matter, we have called upon Mr. Bubna and Mr. Joel

Carlos who appear for the Bhiwandi Nizampur City Municipal Corporation

and Municipal Corporation of Greater Mumbai respectively to confirm that

all facilities as contemplated under policy will be operational effective from

tomorrow 6th July, 2022 to receive and process applications in accordance

with law and after ensuring that due compliance has made with the judgment

of the Supreme Court and the law. They have confirmed that such facilities

will be operational.

16. In view of the statement, we have also called upon the State to confirm

the sufficient police force is made available throughout the areas from which

the applications are received for slaughtering of animals to ensure that there

is no breach of the order in law. The State shall ensure that the police force in

sufficient number shall be provided for the festival days and there is no

breach of the order of the Supreme Court and breach of the rules under the

Act.

17. It also necessary to direct the State that the police machinery should

take action in accordance with law if any violation is brought to their

903.iast.10390-22.odt PMB attention and FIRs shall registered wherever required.

18. A request for providing sufficient number of veterinary doctors must

be made by the Bhiwandi Corporation to the Deputy Director, Animal

Husbandry, Thane which we are told by the learned APP will provide the

necessary support required and as requested by the Corporation.

19. In view thereof, we permit the Corporation to act in accordance with

Section 378 (1) (iv) and ensure compliance with the law as its stands today

and in particular law laid down by the Supreme Court in the Laxmi Narain

Modi (supra) and Prevention of Cruelty to Animals Act.

20. On behalf of the State, Mr. Patil has tendered a note on the particular

measures that the police authorities will be taking in Bhiwandi Nizampur City

Municipal Corporation area under the control of Deputy Commissioner of

Police, Zone-II. It is submitted that the Police have already held about twenty

meetings in the last one month at the Police Station level with the Maulanas,

the Trustees of the Muslim Trusts in the said area, Peace committees, Police

Mitra Committies for coordination in maintaining law and order in the said

area and more importantly, to avoid any kind of nuisance and annoyance and

903.iast.10390-22.odt PMB to maintain public health and cleanliness in the locality while the ritual of

qurbani is carried out.

21. It is also stated that all organisations involved have been taken into

confidence at the meetings to maintain law and order. It is also stated that the

Police have established eight check posts with 16 CCTV cameras on the major

roads at the entry and exit points of Bhiwandi City and extra Police force will

be provided in order to check vehicles and the action will be taken in

accordance with law against every such person/vehicle carrying animals. Riot

Control Police Team(s) will be deployed at the places/corners which have

previous history of riots and violation of law and order by other modes.

22. The State Reserve Police Force and Quick Reaction Team will also be

deployed at the sensitive places including temples and mosques. There will be

Beat Marshals on motor-bikes patrolling the entire area round the clock

(twelve in number). Extra Police Vans will be patrolling between 9.00 p.m.

and 8.00 a.m. to maintain law and order. On 6 th July, 2022 practical training

sessions of RCS i.e. Riot Control Scheme and RCP i.e. Riot Control Plan will be

conducted at the zonal level. It is also submitted that the Deputy

903.iast.10390-22.odt PMB Commissioner of Police, Zone-II has already requested for extra Police Force

that includes 25 Police Officers, 150 Policed Personnels, 75 Home Guards and

2 extra SRPF Platoons. This request of the DCP, Zone-II has been submitted

and we expect that positive response is provided to such request without the

need to move this Court again.

23. In these circumstances, the interventions are permitted and intervenors

shall be impleaded as respondents in this Public Interest Litigation.

24. The interim application stands disposed of in the above terms.

25. All concerned shall act on an authenticated copy of this order.

(M. S. KARNIK, J.)                                              (A. K. MENON, J.)





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