HAJI USMANBHAI HASANBHAI QURESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these special civil applications are filed by different groups of persons interested in or connected with in one respect or an- other with the slaughter of bulls bullocks and buffaloes. The points ari- sing in these petitions are the same and Mr. Qureshi who is appearing for the petitioners in each of these special civil applications has argued the matters before us on behalf of all of them at the same time and we will dispose of all of them by (his common judgment. Special Civil Application No. 155 of 1980 is filed by beef dealers. Special Civil Application No 186 of 1980 is filed by cattle dealers. Special Civil Applications No. 187 of 1980 is filed by dealers in hides and skins. Special Civil Application No. 188 of 1980 is filed by hoteliers or owners of restaurants or eating houses where non-vegetarian dishes are being served. Special Civil Application No. 189 of 1980 is filed by farmers who are interested in selling bulls and bullocks for the purpose of being slaughtered to the slaughter houses after they are no longer of any use and Special Civil Application No. 190 of 1983 has been filed by group of persons who say that they are engaged in performing religious rites and ceremonies among Muslim community and are connected with mosques wakes and other Muslim religious insti- tutions. According to them they are respected by people of Muslim commu- nity due to their status as religious leaders of the said community.

(2.) The petitioners in this group of petitions have challenged the pre- visions of the Bombay Animal Preservation (Gujarat Amendment) Act 1979 Gujarat Act 13 of 1979 by which certain provisions of the Bombay Animal Preservation Act being Bombay Act 72 of 1904 have been amen- ded. By this amendment of 1979 sub-section (1A) was inserted in sec. 5 of the principal Act namely Bombay Act of 1904. The said amendment also substituted a new sub-sec. (3) for the original sub-sec. (3) and the petitioners who are aggrieved by these amendments have challenged this enactment of the Gujarat Legislature being Gujarat Act 23 of 1979.

(3.) A short historical and constitutional resume of the relevant pro- visions is necessary at this stage. Article 48 of the Constitution which is in the group of directive principles of State policy enacts that the State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall in particular take steps for preserving and improving the breeds and prohibiting the slaughter of cows and calves and other milch and draught cattle.