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It was petitioners' contention that their business was going on since the days of their forefathers in the said area and the concerned Act does not contemplate a complete ban.
The Gauhati High Court recently issued notice on a plea against the complete prohibition on beef selling in Sonari Municipal area in Assam.
The Executive Officer, Sonari Municipal Board issued a notice on June 20, 2022 imposing the total ban in the Municipal area from July 15 as per Section 8 of the Assam Cattle Preservation Act, 2021.
Challenging the order, petitioners' counsel submitted before the court that their business was going on since the days of their forefathers in the said area and the concerned Act does not contemplate a complete ban and only prescribes a procedure for the beef selling business.
He also challenged the competency of the Executive Officer in issuing the said notice in view of the Act in question arguing that it prescribes that the Government should appoint an appropriate authority which had not been done in the instant case.
He further contended that without completing the formalities prescribed under the Act in question which would include allotment of an appropriate site to carry out the business, complete ban is not contemplated amounting to infringement of their right to carry out the business.
Taking note of the submissions, the bench of Justice Sanjay Kumar Medhi issued notice returnable by July 25, 2022.
Moreover, as an interim order, Court directed the State Counsel to obtain instructions pertaining to the steps/measures taken to allocate appropriate sites so that the petitioners can carry out their business as per the Act in question.
The matter has been listed on July 25 for further hearing.
Case Title: Mujib Rohman and Anr v. State of Assam
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