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Synopsis

The Delhi High Court on Wednesday issued notice to the Delhi government, Centre, and Delhi police in an interim application seeking cow protection during Eid-al-Adha.

The court was hearing an interim application filed by social activist Advocate Ajay Gautam in a 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.

In the interim application, Adv Gautam stated that before Bakrid, the smuggling of cows and incidents of cow slaughter rapidly increase. Bakrid 2023 will be celebrated on June 29 and 30.

Through the application, Adv Gautam 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 stated.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad sought reply from the respondents and listed the matter for further hearing on August 21.

The court also granted liberty to the petitioner to approach the vacation bench in case of exigency.

Notably, in March, the bench had issued notice in the PIL and 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.