मंगलवार, 6 जुलाई 2021

Kolkata High court Order on Bakar Eid in WP 1378 of 2010 21591 of 2010

IN THE HIGH COURT AT CALCUTTA Constitutional writ Jurisdiction - Original side W.P.No. 1378 of 2010Abhijit Das & Ors versus THE STATE OF WEST BENGAL AND ORS. ALONG WITHW.P No.21591(W)OF 2010Enamul Haqu & ors versus STATE OF WEST BENGAL AND ORS. For the petitioner in O.S. Matter : Mr Ballal Guhathakurta, Mr. Ganesh Banerjee, Mr. Jai Surana and Mr A.K.Saraogi Advocates. For the pertitioners in A.S.Matter : Mr. M.M.Querashi Sr. Advocate, Mr. Joydip Roy, Ms. Rakhi shroff and Mr. S.G.Muscara advocates. For State : Mr. Fazrul Haque, Advocate Before the Hon’ble CHIEF JUSTICE, The Hon’ble JUSTICE ASHIM KUMAR ROY, Date : 12 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 religious ritual. Therefore no fruitful purpose will be served by again passing similar judgment and orders as the said judgment, which was upheld by the Supreme court ( State of West Bengal vs Asutosh Lahiri, reported in AIR 1995 S.C. 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-id is brought to their notice, they will have to take cognizance and Act in accordance with law. Therefore, we are disposing of these two petitions as filed withous there being any cause of action for the same and simple on an apprehension of the petitioners that cos 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 coy of this order on the usual undertakings Sd/- J.N.PATEL CJSd/- ASHIM KUMAR ROY, J.

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