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Synopsis

The Delhi High Court on Wednesday refused to pass an urgent order on a plea seeking strict implementation of a Delhi government advisory to deal with illegal slaughter of animals on the occasion of Eid al-Adha.

Eid-ul-Adha will be observed tomorrow, i.e. June 29.

The vacation bench of Justice C. Hari Shankar and Justice Manoj Jain said, “We are now in the last week of vacation in June. We are not going to entertain this. It is our discretion to decide if it is urgent or not”. Accordingly, the court listed the plea before a regular bench on July 3."

The court was hearing an urgent application filed by social activist Advocate Ajay Gautam in his pending PIL seeking direction to take appropriate steps to stop cow smuggling/cow slaughtering in accordance with Delhi Police Act, 1978, and as per entry 17 of List II under the seventh schedule of the Constitution of India.

Notably, in May, Gautam had moved an interim application seeking cow protection during Eid-al-Adha.

He had stated that before Bakrid, the smuggling of cows and incidents of cow slaughter rapidly increases. 

Through the application, Advocate Gautam had sought directions to the Delhi government and Delhi police to make sure that on Eid-al-Adha., no sacrifice of holy cows and other animals takes place. “No sacrifice should take place in an open area, public place...no blood or body part should be there on roads and other public places”, he had stated.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad in March had issued notice in the plea and had listed it for further consideration in August. Court had also granted liberty to the petitioner to approach the vacation bench in case of exigency.

While issuing notice in the PIL, the High Court had also sought response of the Union of India, the Ministry of Home Affairs, the Delhi Government, and the Delhi Police. 

Petitioner stated in the petition that it had been filed for the “interest and welfare of holy cows who the people of India pray and revere as mother.”

The plea alleged that despite there being a large number of policemen, there had been “rampant incidents of cow slaughtering in Delhi.” It had been claimed that people living in Mewat or Nuhu district in Haryana, “which is infamous for cow slaughter”, come to the national capital and kidnap stray cows from the roads or cattle farms and diaries and take them for slaughtering.

“In many cases, Gau Savek raided first on crime site before the police and it resulted in conflict/clash reported between cow smugglers and cow sevaks. That Impounding of vehicles transporting cow meat is a very common occurrence. It is submitted that due to above reasons/incidents communal tension also increases and results in communal harmony disturbance,” the plea stated.

The petitioner claimed that a representation to the Commissioner of Police and Ministry of Home Affairs had already been given by him on 13.04.2022 requesting them to provide at least one Special Desk for the safety of cows in every district of Delhi in order to stop the smuggling of cows.

The petition further stated that the Delhi Police is empowered to make a special cell or unit for protection of cows to avoid conflict between cow smugglers and cow sewaks under Delhi Police Act, 1978.

“That Holy Cows are the mothers of all creatures. Cows are verily the mothers of the 33 Koti of demigods that administer creation in material existence throughout the universes. Cows are the goddesses of the gods and the refuge of all auspiciousness. Cows bestow every kind of happiness and for these reasons they always are worshippable. Cows are the support of all the worlds for by their milk they nourish terrestrial beings and by their ghee offered in sacrifice they nourish the denizens of the celestial realms. Nothing is superior to cows,” the plea stated.

Case Title: Ajay Gautam vs. Union of India & Ors.