SHAIKH ZAHID MUKHTAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petition filed by the petitioner who claims that he is a citizen of India and an active social worker engaged in welfare activities. He files this petition for declaring and quashing the Maharashtra Animal Preservation Act, 1976 as unconstitutional. The petitioner claims in his petition that he belongs to the minority community and as such has fundamental rights guaranteed under Articles 25, 26, 27, 28, 29 & 30 of the Constitution of India. That the main Act, was violative of the petitioner's right to practice his Muslim religion. It was contended that the festival of Bakri-Id was celebrated each year and it was a religious obligation of the Muslims to slaughter animals such as goats, sheeps, bulls, bullocks, buffaloes, calves, bovines and camels as per the availability. That, animals such as bullocks, bulls, oxes, calves, buffaloes, bovines and camels being cheaper were animals which the Muslim community would prefer to slaughter. It was contended that the police authorities in connivance with communal forces were misusing their powers under the Acts and Rules. It was contended that the inclusive definition of the word "cow" was arbitrary, unreasonable and irrational and violative of the provisions of the Constitution of India.

(2.) The issues raised in the petition are no longer res-integra. In the case of the State of West Bengal and Ors. v. Ashutosh Lahiri and Ors. a bench of three judges of the Supreme

(3.) In the State of Maharashtra, unlike the State of Gujarat, there is no total ban on the slaughter of adult male cows (bulls and bullocks). The ban is restricted to "cows" which are defined under Section 3(b) as under: