Abhijit Das & Ors vs The State Of West Bengal & Ors [CALCUTTA 2010 NOVEMBER]

KEYWORDS: -BANNING COW SLAUGHTER-
KHC
The Authorities are, therefore, bound to implement the provisions of West Bengal Animal Slaughter (Control) Act, 1950 and if any instance of cow slaughter on Bakri-Idd is brought to their notice, they will have to take congnizance and act in accordance with law.
Calcutta High Court
 on 12 November, 2010
                        IN THE HIGH COURT AT CALCUTTA
                      Constitutional Writ Jurisdiction
                                ORIGINAL SIDE


                           W.P. No. 1378 of 2010
                            ABHIJIT DAS & ORS.
                                   Versus
                      THE STATE OF WEST BENGAL & ORS.

                              Along with

                         W.P. No.21591(W) of 2010
                            ENAMUL HAQUE & ANR.
                                   Versus
                        STATE OF WEST BENGAL & ORS.


    For Petitioners : Mr. Kallol Guhathakurta,
    (in O.S. matter) Mr. Ganesh Banerjee,
                      Mr. Jai Surana and
                      Mr. A.K. Saregi, Advocates

    For Petitioners : Mr. M.M. Quereshi, Sr. Advocate
    (in A.S. matter) Mr. Joydip Roy,
                      Ms. Rakhi Shroff and
                      Mr. S.G. Muskara, Advocates

    For State           : Mr. Fazrul Haque, Advocate


    BEFORE:

    The Hon'ble CHIEF JUSTICE

The Hon’ble JUSTICE ASHIM KUMAR ROY Date : 12th November, 2010.

The Court : These two petitions have been filed in public interest on the issue of sacrificing cow and its progeny as religious ritual on the occasion of Bakri-Idd. The petition itself contains decision of this Court, which bans slaughter of cow on the occasion of Idd as a religious ritual. Therefore, no fruitful purpose will be served by again passing similar judgments and orders as the said judgment, which was upheld by the Supreme Court (State of West Bengal vs. Asutosh Lahiri, reported in AIR 1995 SC 464), still holds good. The Authorities are, therefore, bound to implement the provisions of West Bengal Animal Slaughter (Control) Act, 1950 and if any instance of cow slaughter on Bakri-Idd is brought to their notice, they will have to take congnizance and act in accordance with law.

Therefore, we are disposing of these two petitions as filed without there being any cause of action for the same and simply on an apprehension of the petitioners that cow and its progeny would be sacrificed as a religious ritual on the occasion of Bakri-Idd. It will be open for the petitioners to move this Court in case they come across such incident and if the same is reported to the authorities and the authorities fail to take any action in the matter.

With this observation, the two petitions stand disposed of. All parties concerned are to act on a signed photostat copy and plain copy of this order on the usual undertakings.

(J.N. PATEL, CJ.)

(ASHIM KUMAR ROY, J.) SN.

Asst.Registrar(CR)