IFTAKHAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This application has been moved by the interventionist to permit him to intervene in the present case, and to seek a direction to the respondents to make operational the legally compliant slaughter house (already constructed in Mangalore municipal area since 2021).

(2.) The present writ petition has been preferred by the petitioner, inter alia, to assail the order passed by the State Government banning slaughtering of animals in the district of Haridwar. The interventionist submits that he is the resident of Mangalore town which falls in the district of Haridwar, and is at a distance of about 45 kilometers from the town of Haridwar. The composition of population in the town of Mangalore is that the majority population i.e. to the extent of 87%, are Muslims. The festival of Eid al-Adha (Bakar-Eid) would be celebrated on the 10th of July, 2022. The effect of ban on slaughter of animals in the district of Haridwar would be, that the Muslim residents of Mangalore town would not be able to regularly celebrate the festival of Bakar-Eid.

(3.) Learned counsel submits that the right of Muslim community, to celebrate their religious festival, cannot be curtailed absolutely and in the manner sought to be achieved by the governmental order dtd. 3/3/2021. He points out that after the issuance of order dtd. 3/3/2021, last year, when the festival of Bakar-Eid was celebrated, animals were sacrificed in the streets of Mangalore town. He submits that the authorities were not in a position to control the same and the impugned order is leading to infraction of law which is completely avoidable. Learned counsel has also submitted that an abattoir has been constructed in Mangalore town under the Public-Private Partnership (PPP) Model with all requisite permissions, and for this purpose, the State Government granted its permission on 23/12/2016. In fact, the said abattoir had to be constructed and made functional in the year 2011. Since that was not done, despite repeated orders, the Court was compelled to initiate contempt proceedings against several authorities. The charge was framed by the Court on 26/11/2019, however, those contempt proceedings have been stayed by the Supreme Court on 17/12/2019.