NEW DELHI: The Supreme Court on Monday stayed a Madras High Court order directing the state to ensure that no cow or calf is slaughtered anywhere in Tamil Nadu.
A bench of Justices Vikram Nath and Sandeep Mehta, while hearing the state’s Special Leave Petition (SLP) against the HC’s May 27 order, observed that the concluding portion of the HC’s ruling (which imposed the state-wide ban), “prima facie required correction” and stayed its operation with immediate effect.
The apex court issued notice to the respondents, including the original petitioner, seeking their response and posted the matter for further hearing after six weeks.
The bench also directed that, in the meantime, no animal shall be slaughtered anywhere other than authorised slaughterhouses.
The state government had challenged the HC order, contending that it was contrary to the Tamil Nadu Animal Preservation Act, 1958, which permits the slaughter of cows above 10 years of age that are unfit for work or breeding, subject to certification by the competent authority. It argued that the blanket ban would adversely affect farmers, trade, commerce and the leather industry.
The state contended that when the legislation permits the slaughter of a particular category of cows in designated places, a judicial direction contradicting the statutory provision cannot be sustained.
HC granted a relief neither pleaded nor sought, says TN
The TN government also pointed out that while the Prevention of Cruelty to Animals Act, 1960, and other state laws regulate the conditions under which animals may be slaughtered, none of them impose a total prohibition.
The HC order was passed by a division bench of Justices G R Swaminathan and V Lakshminarayan while hearing a public interest litigation filed by K Surya Prasanth, general secretary of Hindu Makkal Katchi.
The petitioner had sought directions to ensure that slaughter was carried out only at designated places. However, the HC went a step further and directed the state to ensure that no cow or calf is slaughtered “on the eve of Bakrid or on any other day”. It also directed the Chief Secretary and the Additional DGP (Law and Order) to issue appropriate instructions to ensure strict compliance with the order.
Assailing the ruling, the state argued that the HC had granted a relief that was neither pleaded nor sought in the petition. It also objected to the court’s reliance on Government Order No 1715, which advocates a ban on cow slaughter to improve milk production and the rural economy, even though the validity of the government order was not under challenge. The executive instruction, the state argued, cannot override or supersede the statutory enactments governing animal slaughter in TN.
The government also pointed to what it described as internal inconsistencies in the HC order and argued that the ruling effectively substituted judicial legislation for valid statutory law and executive policy. It further contended that the SC’s earlier rulings relied upon by the HC could not be stretched to override the state’s specific legislation.
