ALL INDIA JAMIATUL QURESH ACTION COMMITTEE THROUGH ITS PRESIDENT MOHAMMED ABDUL FAHEEM ADVOCATE Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge through the bunch of writ petitions, which are the subject matter of consideration, is to the validity of the Prevention of Cruelty to Animal (Regulation of Live Stocks, Markets) Rules, 2017, and the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017. Both the above Rules, we are informed, were challenged before the Madurai Bench of the Madras High Court, which has stayed the operation of the said Rules. Mr.P.S. Narasimha, learned Additional Solicitor General, informs this Court, that the Union of India is not seeking modification of the aforestated interim order. We accordingly record the statement of the learned Additional Solicitor General. We understand the position to be that the interim order shall apply across the whole country.

(2.) It is also the contention of the Union of India, that a large number of representations depicting the allegedly unworkable and unacceptable provisions of the Rules have been received, and a number of writ petitions have been filed in different High Courts, besides those which have been filed before this Court. It is pointed out, that the issues of challenge raised in the representations and writ petitions are the subject matter of a fresh consideration by the Government of India. It is pointed out, that the Ministry of Environment and Forests, is presently seized of the matter, and after an appropriate determination, changes if any, as may be considered appropriate will be introduced after which the amended Rules, shall be re-notified. We record the above statement made to this Court on behalf of the Government of India.

(3.) We are of the view and accordingly direct that as and when the amended Rules are notified, sufficient time be granted to all stake holders before they are implemented, so that they have a sufficient opportunity, if aggrieved, to assail them in consonance with law.