Bombay High Court
Sheth Motishaw Lalbaug Jain Charities vs The State Of Maharashtra Through Office ... on 29 August, 2024
Author: Amit Borkar
Bench: Amit Borkar
2024:BHC-OS:13226-DB
905-PILL-26591-2024
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION (L) NO. 26591 OF 2024
Sheth Motishaw Lalbaug Jain
Charities .. Petitioner
Versus
The State of Maharashtra & Ors. .. Respondents
Mr. B. M. Chatterji, Senior Advocate a/w Mr. Anjani Kumar
Singh, Mr. Shreyash J. Shah, Mr. Udayan Mukherjee for
petitioner.
Smt. Purnima H. Kantharia, Government Pleader with Mr.
Amar Mishra, AGP for respondent no.1-State.
Ms. Oorja Dhond i/by Mr. S. K. Sonawane for respondent
no.2- BMC.
Ms. Chaitrali Deshmukh for respondent no.3-Nashik Municipal
Corporation.
Ms. Manisha Jagtap for respondent no.4 - Pune Municipal
Corporation.
Dr. Kalimpasha Pathan, General Manager, Deonar Abattoir
(BMC) present.
CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. &
AMIT BORKAR, J.
DATE: 29th AUGUST, 2024
P.C.:
1. The petitioner is a Public Charitable Trust registered
under the Maharashtra Public Trust Act, 1950 and claims to
represent the followers of Jainism. There are other such
905-PILL-26591-2024
organizations representing the citizens belonging to Jain
community, which are said to have made representations to
the respondents-Corporations with the prayer to take
appropriate measures for a ban on slaughter of animals and
sale of meat during Paryushan Parva period, which is to
commence on 31st August, 2024 and concludes on 7th
September, 2024.
2. In the representations, various aspects of Jain belief
have been highlighted, including one of the most significant
tenets of Jainism, namely, Ahimsa (non-violence). It has also
been stated in the various such representations made by the
petitioner and other similar organizations that in case during
the period of Paryushan Parva slaughter of animals continues,
the same may be detrimental to the ethos of Jainism and may
tend to create a vitiating environment. Accordingly, by
making the representations to the Municipal Commissioners,
prayer has been made that slaughter of animals and sale of
meat be banned during the period commencing from 31st
August, 2024 and ending on 7th September, 2024.
3. Heard learned Senior Advocate for the petitioner, learned
Government Pleader for the respondent no.1-State and the
learned counsel representing the respondents-Corporations.
4. Learned Senior Advocate representing the petitioner-
Trust, however, confines his prayer for a direction to the
respondents-Corporations to decide the representation dated
21st August, 2024, which has been annexed as Exhibit "A" to
the PIL petition. It is his submission that though the
representation dated 21st August, 2024 appended as Exhibit
"A" to the PIL petition has been made by the petitioner to the
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Municipal Commissioner, Brihanmumbai Municipal
Corporation, Mumbai, however, other such similar
organizations have made similar representations to other
Municipal Corporations as well.
5. We do not see any impediment in grant of the prayer
made by learned counsel for the petitioner and accordingly we
dispose of this PIL petition with a direction to the respondent
nos.2, 3, 4 and 5 to take decision on the representations
made by the petitioner or any other similar organization with
the prayer to impose ban on slaughter of animals and sale of
meat during Paryushan Parva. The decision by the appropriate
municipal authority of the Corporations on the said
representations shall be taken with expedition, say by 30 th
August, 2024.
6. We have required the Municipal Corporations to take the
decision urgently for the simple reason that the Paryushan
Parva is to commence from 31st August, 2024.
7. The decision, which may be taken under this order on
the representations preferred to various municipal
corporations shall also be intimated to the petitioner
forthwith.
8. We may clarify that by passing this order, the Court has
not made any observations whatsoever on the merits of the
claim of the petitioner and the representations shall
accordingly be decided by the authority concerned of the
respective municipal corporations in accordance with law and
the judgments of the different Courts which may be cited
before the Corporation concerned.
905-PILL-26591-2024
9. We also request the learned counsel representing the
respondents-Corporations to apprise the Municipal
Commissioners or any other competent authority of the
respective Corporations of this order forthwith without waiting
for its certified copy.
(AMIT BORKAR, J.) (CHIEF JUSTICE)
Digitally
signed by
PRAVIN
PRAVIN DASHARATH
DASHARATH PANDIT
PANDIT Date:
2024.08.29
14:27:22
+0530
