Bombay HC refuses to stay BMC circular on animal sacrifice during upcoming Bakrid

Bombay High Court refuses to stay BMC circular allowing animal sacrifices at private shops and municipal markets for Bakrid.

The Bombay High Court on June 13 refused to stay the operation of the May 29 circular granted by the Brihanmumbai Municipal Corporation (BMC) that permits animal sacrifices at 67 private shops and 47 municipal markets on the eve of Bakrid on June 17.

A Division Bench of Justices M.S. Sonak and Kamal Khata was hearing a plea filed by Jiv Maitri Trust and Anoop Rajan Pal, who work for the welfare of animals and the environment.

The Bench said: “We are not sure if this is an appropriate course to seek an interim relief. Even the precipe is bereft of any interim relief sought and simply seeks circulation of matter for urgent hearing. Oral application for interim relief cannot be entertained.” The court also said the petitioner did not amend the petition to challenge the May 29 communication, so it would not be appropriate to press for interim relief into the matter.

The petition mentioned that the May 29 circular of BMC permits slaughtering at mutton shops, even though these shops are not included in the policy, including those near airports. But as per the BMC’s policy, slaughtering of animals at public places including bus stops or airports is not permitted. Meat shops near airports in Mumbai also violate the Aircraft Act and pose further safety concerns. The policy mandates BMC’s permission through a 30-days period advance notice.

Senior advocate Milind Sathe, representing BMC, argued that the circular only granted permission to private shops and municipal markets concerned on June 17, 18 and 19 during the Bakrid festivities. Permission has been granted for three days only to 67 private shops and 47 municipal market establishments and none of them have been challenged yet. Mr. Sathe also emphasised that such permissions were granted in the past too.

Hearing the arguments, the court said that if there are violations of any such provisions, there are mechanisms in place to lodge a complaint. Refusing to grant any relief into the matter, the Bench said: “Do not come at the last moment like this. Do not give that impression. There were similar permissions granted last year. There is a mechanism in place to file complaints.”