Wednesday 6 April 2016
Wednesday 26 August 2015
Tuesday 25 August 2015
Public Rally planned on Saturday 12.9.2015
Road map
Program:Gaumata Raksha Abhiyaan
Dear Cow lover
friends
Like every year Bakari Id is falling this year on 24/25th
September, 2015. As we are working very hard to save precious Cow progeny and
some sects are not resisting in killing in name of their religion in open
violation of Union & West Bengal Acts, Rules and Hon'ble Supreme Court
& Kolkata High Court Directions. It is also felt that West Bengal
Government is wholeheartedly supporting them treating as a solid VOTE
BANK for them.
The evil commenced 45 years earlier, say in 1971, when
Bangladesh was liberated by Indian Army and flux of Muslims changed the
equilibrium of the State of West Bengal. The West Bengal Animal Slaughter
Control Act was enacted in 1950 with full immunity to Healthy Cow in West
Bengal. In 1971 Section 12 was invoked and Govt. of West Bengal permitted the Cow
Sacrifice on Bakari Id day. The matter was taken to Honorable Kolkata High
Court and they decided against the Government move and upheld that No Cow
Slaughter on Bakari Id day.
Govt. of West Bengal appealed the matter in Honorable Supreme
Court of India and after long legal battle, number of hearings, Honorable
Supreme Court rejected the Appeal and upheld the High Court decision. It would
had been the end BUT with muscle powers, government support lakhs of Cows can
be seen sacrificed openly on the road, on this day.
Honorable Kolkata High Court has passed the orders number of
times and Contempt proceedings are preferred by and lying pending. Honorable
Supreme Court was approached last year by IA Petition BUT it was held that as
Honorable Supreme Court has only UPHELD the decision of Kolkata High Court so
effected parties shall approach Kolkata High court for the relief.
The process starts many days before and Cow progeny is
transported from different parts of India in most cruel manor and in violation
of Motor Vehicle Act, PCA Act, West Bengal Cattle Licensing Act, West Bengal
APMC Act, IPC 429, 153-A, 295-A etc.
On 14th August a Writ has been filed before Honorable Kolkata
High court which has been heard and referred to Chief Justice Double Bench for the
Directions and we hope to get suitable relief soon.
But as we know that in spite of several Directions, Govt. of
West Bengal is not awakening and it needs big awakening process by AHINSAK
public support.
On Saturday, 12th of September, 2015, a peaceful public
agitation is planned by Bharatiya Janata Party taking different animal lover
organizations together.
This will be the biggest program of its kind on the soil of West
Bengal related to Holy cow.
The Program will be
focused on 5 main issues
1.
Protest on Mass
Sacrifice of Cow and its progeny on Bakari Idd Days
2.
Remind the Deaf Bengal
Government to implement the Laws and Hon’ble Supreme court directions.
3.
Protest Cow smuggling
to Bangladesh
4.
Provide all help and
assistance to Gaushalas and protection to Animal Activists .
5.
Stop Mass illegal
slaughter of cow progeny in whole year in Bengal
Day & Date :
Saturday 12th September, 2015 12 noon till 3 PM
Venue: Procession will commence from BJP State Office 6,
Murlidhar Sen Lane, Kolkata-73 near Mohmad
Ali Park via College Street, SN Banarjee
Street, New Market PS, to Rani Rasmani Avenue (Dharmtalla). and will convert in
Public rally
Expected turn out: More than 25,000 AHINSAK, COW LOVERS, PARTY
WORKERS, GAUSHALA FRIENDS, JAINS, RASHTRIY MUSLIM MANCH, BRHAMINS outfits who
have already consented
Rally will be flagged off by State BJP
President Sri Rahul Sinha
and at meeting
venue We are requesting our National President Sri Sri Amit Shah National Vice
President Sri BS Yeddiyurappa
& Central leaders namely
·
Sri Rajnath Singh,
·
Sri Nitin Gadakari,
·
Sri Prakash Javedkar Ji,
·
Sri Hukum Chand Sawla(VHP)
·
Sri Sri Puri Shankaracharya Ji,
·
Dr. SK Mittal
Program: by
ceremonially Beating a large DRUM (NAGADA) to awake this DEAF WEST BENGAL GOVERNMENT
. The Rally will be addressed by dignitaries expressing the situation in West
Bengal, Legal provisions and its implementation to save Gauvansh
BJP National CO Organising Secretary Sri Shivprakash Ji, State Prabhari
Sri Kailash Vijayvargiy, Sri Sidharthnath Singh & State leaders have
already consented for the program.
Kolkata RSS Keshav Bhavan has assured full support.
Kolkata Pinjrapole (the largest & oldest animal shelter), Arya Samaj
office bearers are requested for mobilization and support.
Dr. SK Mittal will be staying Kolkata to manage, motivate, and for
day today progress for two weeks. He can be contacted here as
under:-
Dr. SK
Mittal B.Com (Hons) LLM, Ph.D
National Co
Convener 09-13
BJP Cow
Development Cell
Sree Kunj, 19/1,
3rd block, 5th Main, JL Puram, Mysore 570012
Phone:0821
4255242(Res) 4282005(Off) 4264005 (Fax)
Management: BJP West Bengal & BJP West Bengal Cow Development
Cell is dedicated and working day &
night for the success.
Suitable
permission from concerned authorities has been obtained.
(copy of request
letter with acknowledgement is attached
Cow lovers from nearby Districts
namely, North West Kolkata, North Suburban, Kolkata North East, Kolkata South,
Howarh & Howrah Rural, East
Midinapur, West Midnapur, Hoogly, Burdwan etc will be participating in the
Rally.
Total Expenses for the following works is estimated at RS.12-15 Lakhs.
·
Advertisement , Publicity & Media
·
Reception
·
Procession
·
Floor Management
·
Transport,
·
Food
बकर ईद पर गाय की क़ुरबानी गैर वाजिब- गैर क़ानूनी - लेख
प्रिय प्रयावरण भारती के पाठक और सुभ चिंतकों को प्रणाम,
आप के हाथ में अगस्त २०१५ का अंक है जो देश में
पर्यावरण व् प्राणी समस्याओं पर आपका ध्यान आकर्षित करता है.
“ नहीं पहुँचते अल्लाह के पास गोष्त और लहू के
लुकमे
पहुचती है अल्लाह के पास तेरी परहेजगारी और दयानतगारी
”
आने वाले कुछ दिनों में अल्लाह को सिजदा करने
वाला त्यौहार बकरईद पुरे विश्व में मनाया जायेगा. इस त्यौहार में क़ुरबानी का विशेष
महत्व है. क़ुरबानी अपने अहम् की, क़ुरबानी अपनी इच्छाओं की, क़ुरबानी अपनी सम्पति की
लेकिन इसका रूप पशु क़ुरबानी में बदल जाता है.
यानि भेड, बकरी, बकरा आदि की क़ुरबानी देकर जकात
की जाती है. आज के आधुनिक समय में जबकि हर रीति रिवाज में परिवर्तन आ चूका है.
जैसे एक धर्म में पत्ति के मरने पर पत्नी को सत्ति कर दिया जाता था. इस कुरीति
को कानून का जामा पहरा कर रोक दिया गया.
आज इस परम्परा से हम निदान पा चुके है. ऐसी कितनी ही परम्परा जैसे बाल विवाह,
मंदिरोंऔर हवन में बलि आदि से लगभग छुटकारा मिल चूका है.
वेसे तो कुर्बानी पूर्णतय: एक परम्परा का निर्वहन
मात्र है लेकिन इस का विभित्स रूप पश्चिम बंगाल विशेषत: कलकत्ता में देखा जा सकता
है. १९७१ में बांग्लादेश बनने का दुष्परिणाम, बंगाल सर्कार के द्वारा पश्चिम बंगाल
पशु हत्या नियंत्रण अधिनियम १९५० की धारा १२ में बकरी ईद पर स्वस्थ्य गाय की
क़ुरबानी देने के रूप में आया था.
बंगाल के अहिंसावादी कलकत्ता ऊच्च न्यायालय मे इस
के खिलाफ गये और उच्च न्यायलय ने दोनों पक्षों को सुन कर धारा १२ में धार्मिक
कार्यो में गौवंश की कुर्बानी की छुट को निरस्त कर दिया. इस निर्णय में ११ वर्ष
लगे और कलकत्ता उच्च न्यायलय के इस् निर्णय के विरोध में बंगाल सरकार ने सर्वोच्च
न्यायालय में याचिका दायर कर दी. और
माननीय कलकत्ता उच्च न्यायालय के निर्णय को सही ठहराने और बंगाल सरकार की
याचिका को निरस्त करने में पुन: १३ वर्ष लग गये
सर्वोच्च न्यायालय के माननीय न्यायाधीश श्री
कुलदीप सिंह, श्री हंसारिया और श्री मजुमदार ने हदीस शरीफ का हवाला देते हुए कहा
की बकर ईद पर अगर ७ भाई ७ बकरों की कुर्बानी नहीं दे सकें तो वोह मिल कर एक ऊँट या
गाय की कुर्बानी दे’ यांनी गाय की कुर्बानी देना एक आर्थिक सुविधा है और कोई धर्म
का अमिट अंग नही है. और लाखो गायों को सुरक्षा देते हुए याचिका निरस्त कर दी थी.
1995 में सर्वोच्च न्यायालय के निर्णय के पश्चात
उस समय के बंगाल के पशुपालन मंत्री श्री बुध देव भट्टाचार्य – जो बाद में
मुख्यमंत्री भी रहे – समाचारपत्रों के माध्यम से बकर ईद पर गाय की कुर्बानी को
अवैध घोषित किया .
कागजो में तो सुरक्षा मिल गयी लेकिन वास्तव में
गत २० वर्षों में हर बकर ईद से कुछ माह पहले पुरे देश से स्वस्थ्य गायो बंगाल –
कलकत्ता आना चालू हो जाता है. व्यस्त सडकों की पटरीयां गायो के बाजार और गोदाम में
परिवर्तित हो जाते है. राज्य और राष्ट्र के सभी विधि विधानों का पूर्ण उलंघन करते
हुए बकर ईद के तीन दिनों के उत्सव में अत्ति सुंदर, स्वस्थ्य गायें खरीदी, बेचीं
और कुर्बानी (काट) दी जाती हैं.
गत २० वर्षो में कलकत्ता उच्च न्यायालय के समक्ष
रिट, PIL, आदेश उलंघन सुचना (कंटेम्प्ट) याचिकाएं, लगायी जाती रही है. गत वर्ष यह
विषय मैंने यह विषय महामहिम राज्यपाल श्री केसरीनाथ त्रिपाठी जी समक्ष रखा था.
इस वर्ष भी हमारा देश और राज्य के विधि विधानों
को पालन करवाते हुए गौवंश रक्षा का बभुगामी प्रयास है जैसे माननीय कलकत्ता उच्च
न्यायालय में रिट संख्या २०३८७ /२०१५ लगायी जा चुकी है और २८ अगस्त,२०१५ को माननीय
मुख्य न्यायमूर्ति और न्यायमूर्ति के
द्वारा सुनी जाएगी. शनिवार, १२ सितम्बर को कलकत्ता के धर्मतल्ला में गौमाता रक्षा
अभियान कार्यक्रम में हजारो अहिंसक, पर्यावरण और गौ प्रेमी एकत्र हो कर बंगाल की
सोयी हुई सरकार को जगाने का यत्न करेंगे. प्राणी रक्षको के दल अपने प्राणों पर खेल
कर भी, गौरक्षा का यत्न करेंगे,
पर्यावरण भारती के माध्यम से आप सभी पर्यावरण और
प्राणी प्रेमिओं से अनुरोध करता हूँ कि अपने अपने क्षेत्रो में इस जघन्य प्राणी
संहार को रोकें.
पर्यावरण भारती आपकी अपनी पत्रिका है. आपकी
लेखनी, आपकी जानकारी, आपका सहयोग की कामना करता हूँ .
आपका अपना
डॉ. श्रीकृष्ण मित्तल
संरक्षक
National Cattle Commission Report on Bakar Id Cow sacrifice in Kolkata
National Cattle Commission
Report on Cow Slaughter & Cow Sacrifice on Bakari Id Day in contempt of
Hon’ble Kolkata High Court & Honorable Supreme Court Orders . Page Nos. 367-372
Translation from Hindi to English
Bengal
(1)Cow Slaughter in Bengal
(2)Cow killing (Sacrifice)
on Bakari Id Day in Bengal and Non compliance
of Honorable Supreme Court Directions
Cow
Slaughter in Bengal
(1)
Killing of Cow progeny in
Slaughter houses- Animal Slaughter Control Act, 1950 is in force in West Bengal
and slaughter of Cow and its progeny below the age of 14 years is banned. There
are two notified Slaughter houses in Kolkata namely Tengta & Morigram. In
Tengra small and large animals are slaughtered to meet local consumption. On
inquiry, it was found that Cow progeny below 14 years of age is also
slaughtered . Provision of Doctor’s Certificate do exist but not implemented.
Cow slaughter is done in door to door and street to street in nearby butcher
dominated areas
(2)
Slaughter in Mechanical
Abattoir belonging to Allana & Co in Morigram is for 100% Export. On
inquiry, it was reveled that this abattoir is licensed for the slaughter of 100
Buffalo /day but as per local citizen there is strict ban on entry in side. It
is surrounded by high walls. Cow and its progeny is brought in large number in
large body Trucks after 10 PM in night
& Cow beef in packets is seen transported before 4 AM. It is also informed
that large scale cow slaughter is on in butcher dominated area and supplied to
this Allana Abattoir who process and export it.
Cow
killing (Sacrifice) on Bakari Id Day in Bengal
West
Bengal Animal Slaughter Control Act do not restrict Cow slaughter like complete
Cow slaughter prohibition in UP, Bihar. Cow above 14 years of age if than it can be slaughtered.
Power
of permission for religious purposes is vested with the Government is Section
12.Using this provision State government permitted Cow sacrifice to Muslims on
Bakari id. Cow lovers and Hindu religion lovers filed Writ in Kolkata High
Court in 1971. After 11 years, on 28.8.82 it was upheld that permission is not
legal. Court issued the Stay. Government of West Bengal preferred Special leave
petition in 1983 in Ho’ble Supreme Court.
Cow sacrifice continued on Bakari id day. Again on efforts of Cow lovers
appeal came on hearing after 11 years and Honorable Supreme Court decided on
16-11-1994 that sacrificing cow is not a compulsory ritual and (rejecting
appeal) hence decision pronounced by Honorable High Court is not fit to be
intervened .
Bengal
Government half heartedly issued Notification that permission notification is
set aside by Honorable Supreme Court and public be informed and maintain
communal harmony.
Sacrifice
on Bakari Id continued un interrupted. Again Bakari Id day.ow lovers preferred
Writ in 1997,1998,2001 mentioning that Muslims are sacrificing Cow violating
High Court orders and Government is not making effort to stop them, Every time
High Court directed the Administration and senior officials for strict
implementation of law and directions but it could not be complied.
Animal
Welfare Board of India constituted a team in 2001 to inquire illegal
transportation, Cow Sacrifice, & cow smuggling to Bangla desh and deputed
to Utter Pradesh, Bihar & Bengal. Team visited Utter Pradesh, Bihar &
Bengal extensively and submitted report. Report published by the Board on
6-4-2001 is annexed here, The facts reveled in the report are produced here as
under:
1.
Millions of Cow
transporting from different states and sacrificed in Bengal on Bakari Id day.
Healthy, Good breed Cow from whole nation particularly from Punjab, Hariana,
Rajasthan, Madhya Pradesh, Utter Pradesh & Bihar are transported to Bengal
in general and particularly on Bakari id. These Cow are transported illegally
violating Acts & rules of these States. Mainly by Trucks but also by
Trains. Cow transported with permit for Dairy and Calf for agriculture but sent
to slaughter /sacrifice.
2.
*-10
days prior to Bakari Id day Cows are transported in trucks loaded from
villages, Cities, and unloaded in permanent / temporary Khattals. Musalims
purchase and carry them and feed till Bakari Id day. Decorate and after
rendering Id Namaj, sacrifice it and enjoy Cow beef feast.
3.
Inspection team witnessed
sale and purchase of Cows while touring many villages and Cities. Scores of
Trucks loaded with cow progeny were seen on Road. Muslims were seen taking Cow
after purchasing from Malda to Kolkata in Jangipur Animal haat near Raghunath
Ganj village. On enquiry they told that 4,000 cow are sacrificed in their
village. Healthy, strudy Cows were seen sold for Sacrifice in Lohapur,Gopalpur, Kasimpur,Tilpara Dam like
many places. No protest or restriction was seen and Muslims in villages
accepted that they are carrying it for sacrifice and it is their religion.
4.
One Lakh Fifty thousand
Cow sacrifice in Kolkata on Bakari id day. Inspection Team
inspected Khidirpur, regular Animal Market, Raja Bazar Regular Animal Market
(Muslim dominated area & Laghna Bazar) Sun Crile, Dholagadh (Howrah) etc
temporary Animal Markets. Price of different Cow breeds were also enquired. It
was ranging RS.9,000 to 26,000/- Good breed Cows are sold for RS.50,000/- A Cow
was sold for RS.66,000/-. More than one lakh cows were sold in temporary animal
Market of Sun Crystal.
5.
Inspection Team inspected
Muslim dominated Areas and found that Cows were roped in Streets, Footpaths
& near housesin . Hundreds of Cows were seen for sacrifice Kela Bagan, Park Mohalla, Mohmad Ali Park,
Park Circus, Streets of Raja Bazar, Streets near Mahatma Gandhi Metro Station
6.
During Bengal-Bihar tour,
Inspection Team enquired at different stops on the way . 15-20 day before Id
hundreds of Trucks carrying Cows were seen on GT Road towards KLolkata. There
are several road side eateries on way from Barahi to Barakatta where these Cow
loaded trucks halt, inload Cows, take their meals and again proceed towards
Kolkata.
7.
Lakhs of Cow Scarifice eye
witness on 23-2-2002 and 200 declarations. Fact: Writ filed in1971 by Cow and Animal lovers &
judgment after 11 years on 28-08-82 that permission is illegal. Special Leave
Petition filed by West Bengal Government in Supreme Court and stayed by the
Court . Again effort by Cow lovers for
early hearing and then on 16-11-1994 Decesion of Honorable Supreme Court that
permission is illegal as in Muslim Law , In Kuran Sacrifice of Cow on Bakari Id
Day is not a compulsory ritual.
Cow
killing on Bakari Id:- 2001 Report of Animal
Welfare Board of India mention that 1,50,000 Healthy cows were Sacrificed only
inKolkata. Another one lakh Cows are sacrificed in other areas in Bengal.
“Commission” deputed Advisor Sri
Udaylal Jaroli & Sri Rampal Agarwal to acetain the situation of illegal
sacrifice on Bakari id on 23.02-02. Again Chairman deputed Secretary Dr. Smt.
Neeru Vora. These three worked in different place. Sri Jaroli produced more than
200 Affadavit with declaration and photos etc, It revels that thousand of
healthy cows are seen coming from Rajasthan, Madhay Pradesh, Punjab &
Hariana Before Id in Kolkata Animal Markets particularly Sankaiyal, (Hawarah)
Raja Bazar & Khidirpur. Healthy Cows are coming from Utter Pradesh &
Bihar and sold for sacrifice on Bakari Id. Photos of Cows parked in these
Khattals are available in Record. Cows are purchased in pair and taken on foot
and 10-12 carried on small vehicles and roped near their houses, Streets &
footpaths. They are fed well. Bath, decorate, garland and cut it on Bakari id
day. Eyewitnessing Sri Jaroli with his group travelled in different Muslim dominated
areas on 23-2-2002 from 8 AM to 11 AM in morning & 6 to 9-30 in evening. He
witnessed and saw that before Namaz, at the time of rendering Namaz and after
Cows were standing decorated. Saw sacrifice, Blooding, and flow of blood in
drainage, Garbage box full of Cow dung and other cow waste. He saw sacrifice
going on in evening also. He heard that this sacrifice goes on three days
continuously. He saw cow beef cutting, sale, distribution, packaging, loading
in Cars on footpaths. He witnessed Heaps
of Bones and skin.
In evening also More than 2,000 Cows
were seen by Sri Jaroli Ji in Khidirpur Animal Market . He enquired about Rates
of Cow in different Markets. He saw that Healthy, Beautiful Cows were sold for
sacrifice from RS.20,000 to RS. 86.000/-. The health, purchasers wish and
pocket decide the price.
Sri Jaroli estimates that one lakh
Healthy Cows were sacrificed in Kolkata. On the basis of tour , records and
last years investigation 1.5 to 2 lakh
healthy Cows are sacrificed in Whole Bengal.
Sri Rampal Agarwal visited many
animal markets.He visited many Muslim areas. With other representatives he
discussed with Imam of Nakhuda Mausq and was told that whatsoever Court
decision or Laws but Sacrifice of Cow is
as per their religion. They can not issue FATVA against Qurbani. Though a
circular was issued that feelings of neighbors shall not be hurt and provided
to Press for circulation.
Smt. Neeru Vora toured different
places .She discussed with Muslim and Hindu religious leaders and foundrhat
sacrifice of Cow is going on irrespective of
Law and Court directions.
The presentation of Sri Jaroli ji
revels that he gave request to different Police high officials and requested to
stop Sacrifice of Cow on Bakar id day.They promised also for the same..
Writ was preferred by Sri Jaroli ji
on behalf of A. Bh. Krushi Goseva Sangh Vardha in Kolkata High court. On
22.2.2002 directions were issued thast adminstative officials shall look and
ensure the implementation of Supreme Court and high Court orders in 1997,1998,1999
but implementation failed.
The apparent violation was seen and a Contempt Petition was filed with all proofs in Kolkata High Court on 7.03.2002
The apparent violation was seen and a Contempt Petition was filed with all proofs in Kolkata High Court on 7.03.2002
---------------------------------------------------------
Writ Petition WP 20387/2015 Dt.11.8.2015 in Kolkata High court
DISTRICT : KOLKATA
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE
SIDE
W. P. NO. 20387 (w) of 2015
IN THE MATTER OF :
An application under Article 226 of
the Constitution of India ;
AND
IN THE MATTER OF :
Writ of
and/or in the nature of appropriate Writs, orders and/or directions issued
thereunder;
AND
IN THE MATTER OF :
West Bengal Animal Slaughter Control Act, 1950 and
the West Bengal Animal Slaughter Control Rules, 1951, Notifications and
Circulars issued thereunder;
AND
IN THE
MATTER OF :
Inaction on the part of the State of West Bengal in
failing to implement the provisions of the West Bengal Animal Slaughter Control
Act, 1950 and the Rules framed thereunder by imposing the provisions of Cow
Slaughter on the ‘Bakri -id’ day;
AND
IN THE
MATTER OF :
Enforcement and implementation of the prohibitions
contained in the provisions of the said Act and the Rules framed thereunder,and
the directions and Orders passed by this Hon'ble Court and the Hon'ble Supreme
Court of India with respect to slaughter of Cows and/or its progeny;
AND
IN THE MATTER OF :
1.Dr. Shri Krishan Mittal, son of late K.C. Mittal, presently residing
at 7/1, Babulal Lane, 3rd Floor, Cotton Street, Kolkata-700 007
2. Subrata
Gupta, son of late Shanti Ranjan Gupta, residing at 718, SPD Block, Baghajatin, Kolkata-700 086
3. Enamul Haque C/o. Golam Kader, Village and P.O. Bamshire, P.S.
Bhatar, Dist. Burdwan-713520
4. Rajiv Mundhra, residing at 22,
Narayantolla West, Chawlpatty, Devi Apartment, 3rd Floor, Baguiati, Kolkata-700
059
5. Sunil Dwivedi, son of
Satyendra Kumar Dwivedi, residing at BD 4/2, Jamuna Apartment, Taltolla,
Kolkata-700 059
PETITIONERS
VERSUS
1.
State of West
Bengal, service through the Chief Secretary to the Government of West Bengal,
having his office at ‘Nabanna’, 325,
Sarat Chandra Chatterjee Road, P.O. Shibpur, Howrah-711102;
2.
Principal Secretary to the Government of
West Bengal, Home Department, having his office at ‘Nabanna’, 325, Sarat Chandra Chatterjee Road, P.O. Shibpur, Howrah-711102;
3.
Principal Secretary to the Government West
Bengal, Animal Resources Development Department, having his office at ‘Nabanna’, 325, Sarat Chandra Chatterjee Road, P.O. Shibpur, Howrah-711102;
4.
Principal
Secretary to the Government West Bengal, Transport Department, having his
office at ‘Nabanna’, 325, Sarat Chandra Chatterjee Road,
P.O. Shibpur, Howrah-711102
5.
Principal Secretary to the Government West
Bengal, Municipal Affairs Department, having his office at ‘Nabanna’, 325, Sarat Chandra Chatterjee Road, P.O. Shibpur, Howrah-711102
6.
Director General and Inspector General of
Police, West Bengal, having his office at West Bengal Police Directorate, 2nd
Floor, Bhabani Bhaban, Alipore, Kolkata – 700027.
7.
Inspector General of Police, West Bengal,
having his office at West Bengal Police Directorate, 2nd Floor, Bhabani Bhaban,
Alipore, Kolkata – 700027.
8.
Commissioner of Police, Kolkata, having his
office at 18, Lalbazar Street, Kolkata – 700 001.
9.
Transport Commissioner, Government of West
Bengal,
Paribahan
Bhavan, 12, R. N. Mukherjee Road, Kolkata-700 001
10.
Food Safety Commissioner, Swasthy Bhawan,
3rd Floor, Wing B, GN 29, Sector V, Salt Lake, Kolkata-700 091
11.
Kolkata
Municipal Corporation, having its office at 5, S. N. Banerjee Road, Kolkata –
700 013.
12.
Director of
Animal Resources Development, having his office at LB2,
Sector III, Sale Lake City, Kolkata – 700 098;
RESPONDENTS
To
The Hon’ble Mrs. Manjula Chellur, Chief Justice and
Her Companion Justices of the said Hon'ble Court.
The humble
petition on behalf of the Petitioners above named most respectfully –
SHWETH:
1.
The petitioners
are all citizens of India and are involved in social and charitable work.
2.
The West Bengal
Animal Slaughter Control Act, 1950 [hereinafter referred to as ‘the said Act’]
was enacted to control the slaughter of certain animals, namely, cows and
buffaloes in different species specified in the Schedule of the said Act. Its
object is to increase the supply of milk and avoid the wastage of animal power
necessary for improvement of agriculture.
3.
Section 2 of the
said Act provides application of the said Act to the animal specified in the
Schedule.
4.
Sub-Section (1)
of Section 4 of the said Act, provides that notwithstanding
anything in any other law for the time being in force or in any usage to the
contrary, no person shall slaughter
any animal unless he has obtained in respect thereof a certificate under
sub-section (2) or sub-section (3) of Section 4 of the said Act that the animal
is fit for slaughter.
5.
Sub-section (2) and (3) of Section 4
provides that the President of a municipality or a Parnchayat Samiti, and the
Veterinary Surgeon may issue a certificate of fitness, if the animal is over 14
years of age and is unfit for work and breeding or that the animal has become
permanently incapacitated from work or breeding due to age, injury, deformity
or any other incurable disease.
6.
Section 7 provides that contravention of
the Act is punishable with imprisonment or fine or with both. Section 8 of the
said Act makes such offence cognizable.
7.
Section 12 of the said Act provides that
the said Act may, by general or special order and subject to conditions as it
may think fit, exempt from the operation of the Act, the slaughter of any
animal for any religious, medicinal or research purposes.
8.
Section 13 of the said Act empowers the
State Government to delegate its powers and functions under Section 12 to any
officer of the State Government.
9.
The West Bengal Animal Slaughter Control
Rules, 1951 ([hereinafter referred to as
‘the said rules’] provides the conditions subject to which
exemption may be granted. The said Rules provide that the provisions of the Act
shall not act to the slaughter of any animal for religious, medicinal or
research purpose subject to the condition that such slaughter does not affect
the religious sentiment of the neighbours or the person or persons performing
such slaughter and with the previous permission of the State Government or any
officer authorised by it is obtained before the slaughter.
10.
Section 7 of the said Act makes the
contravention of the Act punishable and Section 8 thereof makes the offence
cognizable. Section 9 of the Act makes the abetment of any offence punishable
under the Act as also attempt to commit any such offence shall be punishable.
From a plain reading of sub-section (2) of Section 4, it would be evident that
even for slaughtering of animals in a slaughter house, no certificate can be
granted unless the animals are over fourteen years of age and unfit for work of
breeding, has become permanently incapacitated from work breeding due to age,
injury, deformity or any incurable disease.
11.
Being aggrieved by the exercise of power of
the State of West Bengal under Section 12 of the said Act, granting permission
to slaughter cows on Bakri-id day, overrides the restrictions otherwise imposed
under the Act, a Writ petition was filed before this Hon'ble Court which was
registered as C.R. No. 709 (W) of 1971. By a Judgment and Order dated August
20, 1982, a Division Bench of this Hon'ble Court, inter-alia, held that
sacrifices of cow on Bakri-id is not an obligatory overt act for a Muslim to
exhibit his religious belief and ideas and such slaughter cannot be considered
to be part of the religious requirement. Exemptions under Section 12 of the
said Act which were being granted for slaughtering of cow on Bakri-id day were
held to be dehors the statute and not within the sanction of the said
provisions. A copy of the said order is annexed hereto and marked with
Annexure-P-1.
12.
Aggrieved by the Judgment and Order of the
Division Bench of this Hon'ble Court dated August 20, 1982, the State of West
Bengal preferred appeals before the Hon'ble Supreme Court of India. By a
Judgment and Order dated November 19, 1994, the Hon'ble Supreme Court of India
was pleased to dismiss the appeals and affirmed the Division Bench judgment of
this Hon'ble Court. Both, the Judgment of Division Bench of this Hon'ble Court
and Supreme Court of India are reported. The petitioners crave leave to refer
to the same at the time of hearing of this Writ Petition. A copy of the said
order is annexed hereto and marked with Annexure-P-2.
13.
The Supreme Court, while confirming the
order of the Division Bench of this Hon'ble Court, inter-alia, held that there
is no fundamental right of a Muslim to insist on slaughter of healthy cows on
Bakri-id and the same cannot be a valid ground for exemption by the State under
Section 12 of the said Act. It was held that the contention of the State that
Article 25(1) of the Constitution of India deals with essential religious
practices and Section 12 of the said Act may cover even optional religious
practices were held to be untenable.
14.
In view of the Judgment of the Division
Bench of this Hon'ble Court and the Supreme Court of India the State Government
issued an appeal on the occasion of Bakri-id which was published in the
Hindustan Times, English Edition, on 4th May, 1995. A true copy of the
publication is annexed hereto and marked as Annexure – P-3.
15.
Despite orders of this Hon'ble Court and of
the Supreme Court of India, the National Commission on Cattle Protection,
Preservation and Development, filed a report in July 2002, published by the
Government of India, Department of Agriculture and Animal Husbandry
[hereinafter referred to as National Commission’s Report of 2002] It was
recorded ,inter alia, that its
Investigating Team had witnessed sale of 5 to 6 thousand cows for sacrifice on
Bakri-id at Kidderpore Animal Market. The said Team also witnessed 1 lac cows
in temporary market near Sankrail and Dhulagar in Howrah District. In March
2001 it found 4,000 healthy cows in Rajabajar Animal Temporary Market. The said
Report further records that on Bakri-id day in Kolkata, more than 1,50,000
healthy cows and its progeny were slaughtered.
16.
The National Commission on Cattle recorded
that its investigating team found that in spite of Judgments of Court,
sacrifice of cows on Bakri-id is continuing.
17.
Between the period from 1997 till 2010
several Writ petitions were filed before this Hon'ble Court and on each
occasion orders were passed directing the State Authorities to comply with
directions and implement the restrictions imposed under the said Act with
respect to slaughtering of cows on Bakri-id.
18.
The Division Bench of this Hon'ble Court by
an order dated November 12, 2010, in W. P. No. 1378 of 2010 along with other
Writ Petitions, directed, inter-alia, the State and its agencies to implement
the provisions of the said Act and to take steps if any incidence of cow
slaughter on Bakri-id comes to its notice. A true copy of the order dated
12.11.2010 is annexed hereto and marked as Annexure–P-4.
19.
Once again, despite specific order of the
Division Bench of this Hon'ble Court, the State authorities failed to take any
steps against slaughter of cows on Bakri-id held in November, 2010.
20.
The Division Bench of this Hon'ble Court in
the Writ Petition being W.P. No. 16749 (W) of 2011, by its Judgment and Order
dated November 2, 2011 directed the
State Government through its Chief Secretary to see that the State
instrumentality does not facilitate arrangement and/or markets in the State of
West Bengal for delivering of cattle for sacrifice which is not permitted under
the said Act. Directions were also given for strict implementation of the order
passed by this Hon'ble Court from time to time for effective and meaningful
implementation of the said Act. A copy of the Judgment and Order dated
2.11.2011 is annexed hereto and marked as Annexure-"P5".
21.
Several contempt proceedings have been
initiated from time to time for gross violation of the orders of the Hon'ble
Court. Some of the contempt proceedings are still pending before this Hon'ble
Court. The petitioners crave leave to refer to the said contempt proceedings
and/or the orders passed therein at the time of hearing, if necessary.
22.
Your petitioners state that under the
Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001
[hereinafter referred to as the Prevention Rules] there is a complete
prohibition of transportation of animals by foot whose hooves are not provided
with shoes on hard cement, bitumen-coated or metalled roads. Rule 3 prohibits
any person from slaughtering any animal within a municipal area except in
slaughter house recognized or licensed by the concerned authority.
23.
Rule 9 of the Prevention Rules empowers the
Animal Welfare Board of India or any other welfare organization to inspect the
slaughter house and report the Animal Welfare Board for an appropriate action
including initiation of legal proceeding in the event of violation of any of
the provisions of the said Rules. Rule 3 of the said Rules cast duly upon every
State to establish a Society in other District in the State for prevention of
cruelty to animals.
24.
Section 4 of the Cattle Transport Act, 1871
casts obligation upon the State Government to establish pounds in every
district under its control. Section 11 empowers the person in-charge of public
road to see that any cattle can damage such roads etc.
25.
In Kolkata, there are two Slaughter House,
one is Tangra Cattle Slaughter House, owned and managed by Kolkata Municipal
Corporation and the other is Garden Reach Cattle Slaughter House, owned and
managed by Garden Reach Municipality. Both the Slaughter Houses cater to the
needs of Kolkata and its suburbs.
26.
Your petitioner respectfully states and submits
that despite orders of the Hon'ble Supreme Court of India and diverse orders
passed by this Hon'ble Court from time, thee has been conscious
non-implementation of the provisions of the said Act and the said Rules framed
thereunder. No steps whatsoever have been taken by the State Agency,
responsible for implementation of the said orders on Bakri-id day and also
otherwise on other dates.
27.
Your petitioners respectfully state and
submit that Bakri-id is to be celebrated in the State of West Bengal on September
24/25, 2015. Your Petitioners stat5e that considering the manner in which the
State instrumentalities have turned a blind eye to the implementation of the
provisions of the said Act, the Petitioners have sufficient reasons to
apprehend that thousands of healthy cows and its progeny would be slaughtered
and/or sacrificed on the Bakri-id day.
28.
Your petitioners state that to prevent
unlawful and unauthorized sacrifice and slaughtering of cows on Bakri-id day,
unless appropriate directions are given to the concerned State agencies,
thousands of cows and its progeny would be sacrificed and/or slaughtered on
that day.
29.
Your Petitioners state that even on
Bakri-id in the year 2014, thousands of cows and its progeny were sacrificed.
Several complaints and F.I.R.s were lodged by your Petitioners and other
persons for violation of the provisions of the said Act and for taking
necessary action against the accused persons in accordance with the provisions
of the said Act and all other related Rules. Despite such F.I.R.s being drawn
up, no steps have been taken by the Police authorities to investigate or
proceed with such complaints.
30.
The States and its agencies are under a
bounden duty to ensure implementation of the orders of this Hon'ble Court and
also to ensure that there is no violation and/or infringement of the Animal
Slaughter Control Act, 1950.
31.
Deliberate inaction and/or non-action on
the part of the State authorities in enforcement, implementation and execution
of the provisions of the said Act and diverse order of this Hon'ble Court, is
arbitrary, capricious, unconstitutional and in colourable exercise of
administrative authority.
32.
The State Government and its various
agencies have failed to discharge their statutory duties in enforcing
implementing and executing the provisions of the said Act of 1950 by
prohibiting and/or stopping sacrifice and/or slaughter of cows and its progeny
on Bakri-id and on other days.
33.
The respondents are under bounden duty to perform their duties
and to discharge their functions in accordance with the principle of fair play,
equity and justice.
34.
The State
authorities are under obligation to follow and implement the provisions of the
said Act and all other relevant Acts and Rules pertaining to movement, sale,
sacrifice and/or slaughter of cows and its progeny.
35.
The
respondents have acted on conjecture, surmise, irrelevant and extraneous
consideration.
36.
Being
aggrieved by and dissatisfied with wrongful and illegal acts and conducts of
the State Government and its various agencies in failing to discharge their
statutory duties in enforcing implementation and execution of the provisions of
the said Act of 1950 by prohibiting and/or stopping sacrifice and/or slaughter
of cows and its progeny, your petitioners beg to prefer the instant application
under Article 226 of the Constitution of India, inter alia, on the following
amongst other
GROUNDS
I.
FOR THAT the State and its agencies are
under a bounden duty to ensure implementation of the orders of this Hon'ble
Court and also to ensure that there is no violation and/or infringement of the
Animal Slaughter Control Act, 1950.
II.
FOR THAT the deliberate inaction and/or
non-action on the part of the State authorities in enforcement, implementation
and execution of the provisions of the said Act and diverse order of this
Hon'ble Court, is arbitrary, capricious, unconstitutional and in colourable
exercise of administrative authority.
III.
FOR THAT the State Government and its
various agencies have failed to discharge their statutory duties in enforcing
implementing and executing the provisions of the said Act of 1950 by
prohibiting and/or stopping sacrifice and/or slaughter of cows and its progeny
on Bakri-id and on other days.
IV.
FOR THAT the respondents are under bounden duty to perform their duties
and to discharge their functions in accordance with the principle of fair play,
equity and justice.
V.
FOR THAT the State authorities are under obligation to follow and implement the
provisions of the said Act and all other relevant Acts and Rules pertaining to
movement, sale, sacrifice and/or slaughter of cows and its progeny.
VI.
FOR THAT the respondents have acted on conjecture, surmise, irrelevant and
extraneous consideration.
37. Your petitioners have already demanded
justice from the respondent authorities, but the respondent authorities have
denied justice to your petitioners. In the facts and circumstances, any further
formal demand of justice would be an idle and futile formality.
38. Your petitioners have no other alternative
or equal efficacious and/or alternative remedy apart from invoking the Writ
jurisdiction of this Hon’ble Court and to hear of the same would grant a
complete redressal to your petitioner’s grievances.
39. Your petitioners have not moved any other
application before any other forum on the self same cause of action. .
40. Your petitioner states and submits that
unless appropriate orders are passed and directions are given to the State
Agency for implementation of the provisions of the said Act and the Rules
framed thereunder, and also other applicable provisions of various acts and
Rules for the purpose of movement, entry, sale, sacrifice and/or slaughter of
cows and its progeny on Bakri-id to be held on 24/25 th October, 2015 and
on other days, and is also
directed to implement the directions passed by this Hon'ble Court from time to
time, your Petitioners will suffer irreparable loss, injury and prejudice.
41. It is under these circumstances, Yours
Petitioners respectfully state and submit that appropriate directions are
required to be given to the State Authorities to ensure appropriate
implementation of the provisions of the said Act and the respective Rules
framed thereunder for the purpose of ensuring that cows and its progeny are not
scarified and/or slaughtered on the Bakri-id and on other days in the State of West Bengal.
42. Unless
orders are passed as prayed for herein, your petitioners would suffer
irreparable loss, injury and prejudice.
43. This application is bonafide and made for
the ends of justice.
Your petitioners therefore humbly prays
before Your Lordships for the following orders :
a)
A writ or
and/or writs in the nature of Mandamus do issue commanding the respondents and
each of their men and/or agents and each one of them and/or their men, agents
and servants to implement and execute the provisions of the West Bengal Animal
Slaughter Control Act, 1950 and the Rules framed thereunder and all other
applicable provisions of the other Acts and Rules with respect to movement,
sale and sacrifice and/or slaughter of cows and its progeny on Bakri-id and
on other days in the State of West
Bengal;
b)
A writ or
and/or writs in the nature of Prohibition do issue prohibiting the respondents
and each of their men and/or agents and each one of them in respect of
sacrifice and slaughter of cows and its progeny on the occasion of Bakri-id and
on other days ;
c)
Direct
the respondents and each of their men and/or agents and each one of them and/or
their men, agents and servants not to give any declaration or any declared
relaxation for sacrificing and/or slaughtering of cows and its progeny during
Bakri-id festival for the year 2015;
d)
Direct
the respondents and each of their men and/or agents and each one of them and/or
their men, agents and servants not allow cattle hut (temporary animal market)
within the areas of Municipal Corporation, Kolkata and Howrah, other
municipalities as also in other areas within the State of West Bengal for sale
and purchase of cows and/or its progeny for being sacrificed and/or slaughter
during Bakri-id festival for the year 2015;
e)
Direct
the respondents and each of their men and/or agents and each one of them and/or
their men, agents and servants to take all preventive measures and necessary
steps including sealing of all entry points into the State of West Bengal
restricting and/or prohibiting entry and movement of cows and its progeny for
the purpose of sale, sacrifice and/or slaughter on Bakri-id for the year 2015;
f)
Direct
the respondents and each of their men and/or agents and each one of them and/or
their men, agents and servants not to facilitate sale and purchase of cows
and/or its progeny for Bakri-id in any of the Government markets or other
temporary animal markets’
g)
Direct
the respondents to make appropriate publications through print and electronic
media and by all other means in English and other vernacular languages as also
through loudspeaker to the effect that sacrifice and/or slaughter of any cow or its progeny during
Bakri-id festival is prohibited and banned under the West Bengal Animal Slaughter
Control Act, 1950 and in terms of the
earlier orders of this Hon'ble Court and Hon'ble Supreme Court of India;
h)
Direct
the Police authorities to take immediate action on complaints from the
Petitioners and/or from other members of the public to prevent violation of the
West Bengal Animal Slaughter Control Act, 1950 and for slaughter/sacrifice of
cows and its progeny on Bakri-id and on all other days;
i) A committee be constituted in the manner as
This court may deem fit and proper for supervision and implementation of the
provisions of The West Bengal Animal Slaughter Control Act, 1950, the
directions and earlier orders of this Hon'ble Court and Hon'ble Supreme Court
of India
j)
Rule Nisi
in terms of prayers above,
k)
Ad-interim
order in terms of prayers above;
l)
Such
further or other order or orders be passed and/or direction or directions be
given as to this Hon'ble Court may deem fit and proper.
For this act of kindness your petitioner is
in duty bound and shall ever pray.
AFFIDAVIT
I, Dr. Shri Krishan Mittal, son of late Sri K.C.
Mittal, aged about
64 years, by faith Hindu, by
Occupation Animal Activist and presently
residing at 7/1, Babulal Lane, 3rd Floor, Cotton Street, Kolkata-700 007, do hereby solemnly affirmed and state as
follows :-
1. That
I am the petitioner No.1 herein and constituted attorney of petitioner No.2 to
4 and I know facts and circumstances of the instant case. Hence I am competent
to affirm this affidavit on behalf of petitioners No.2 to 4.
2. That
the statements made in paragraphs to are true to my knowledge and those made in
paragraphs are my humble submission before
this Hon'ble Court.
Prepared in my Office The deponent is known
me
Advocate Clerk to Mr.
Advocate
Solemnly affirmed before me
On this day
of August, 2015
Commissioner.
DISTRICT : KOLKATA
W.
P. NO. (W) OF 2015
IN
THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL
WRIT JURISDICTION
APPELLATE
SIDE
In the matter of :
An application
under Article 226 of the Constitution of India ;
A n d
In the matter :
..........
....... Petitioners.
Versus
The State of West Bengal
& Ors.
...... Respondents.
P E T I T I O N
Mr. Lalratan
Mandal,
Advocate,
6, Old Post Office Street,
1st Floor, Room No.
Kolkata-700 001
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