Sadh Foundation vs Union Of India
2015 Latest Caselaw 9395 Del

           *IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                    Date of decision: 17th December, 2015

+                                W.P.(C) No.3996/2015

       SADH FOUNDATION                                       .... Petitioner
                   Through:             Mr. Ashutosh Bansal, Adv.

                                    Versus
       UNION OF INDIA                                    ..... Respondent
                    Through:            Mr. Bhagvan Swarup Shukla, CGSC
                                        with Mr. Ajay Kumar Chaudhary,
                                        Adv. for UOI.
CORAM:-
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
RAJIV SAHAI ENDLAW, J.

1. The petition filed in public interest seeks a direction to the respondent

Union of India (UOI) to prohibit cow slaughtering and to take action against

the slaughter houses. A further direction is also sought to make

arrangements so that maximum environmental and economic benefits from

the cow to mankind may be provided.

2. Considering the nature of the reliefs claimed, we did not deem it

expedient to issue formal notice and heard the counsel for the respondent

UOI appearing on advance notice and reserved judgment.

3. The petitioner, in the petition as well as in additional facts/evidences

filed after the judgment was reserved has set out the benefits of cow milk

and other products of cow and benefits of rearing cows. Suffice it is to state

that the Legislature whenever has deemed necessary has framed appropriate

laws in this regard and challenge thereto has been considered by the Court.

Reference in this regard may be made to Mohd. Hanif Quareshi Vs. The

State of Bihar AIR 1958 SC 731, Manubhai Nandlal Amorsey Vs. Popatlal

Manilal Joshi (1969) 1 SCC 372 and State of Gujarat Vs. Mirzapur Moti

Kureshi Kassab Jamat (2005) 8 SCC 534.

4. We are afraid the issue is beyond the domain of judicial decision

making and is a policy matter in which the Courts under the doctrine of

separation of powers are not entitled to transgress. Rather, the issue is put

beyond any pale of controversy and is no longer res integra. Supreme Court

in Bal Ram Bali Vs. Union of India (2007) 6 SCC 805 unequivocally held

that the Court cannot issue any direction for ban on slaughter of cows as it is

a matter of policy on which decision has to be taken by the government. It

was further held that a complete ban can only be imposed by legislation

enacted by the appropriate legislature. The same view has been taken by a

Full Bench of the Jammu & Kashmir High Court in Parimoksh Seth Vs.

State of Jammu and Kashmir MANU/JK/0220/2015.

5. There is thus no merit in the petition.

Dismissed.

No costs.

RAJIV SAHAI ENDLAW, J.

CHIEF JUSTICE

DECEMBER 17, 2015 'pp'