VINIYOG PARIVAR TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) On the two Chamber Summonses, one by Mumbai Aman Committee and another which has been filed by Shaikh Mashooq Safi and others, we have heard Mr.Rizwan Merchant and Mr.Sadavarte respectively in support.

(2.) The argument of Mr.Sadavarte is that the order passed by this Court on 6th August, 2019 be modified so that the religious ritual can be performed in the manner in which it was performed earlier.

(3.) Mr.Sadavarte invited our attention to the affidavit in support and submitted that each one of the applicants are respectable citizens of India and residents of Mumbai. They are involved in lot of social activities. The applicants have said that, according to our order dated 6th August 2019, if the religious slaughtering place is within one kilometer distance of their cooperative housing society, then, it is not permissible for anybody who is residing in the society to perform this ceremony or ritual in the premises or the compound of the co-operative housing society. He has projected a difficulty of those who are residing in such co-operative housing societies, but are outnumbered by other residents or occupants belonging to other communities. He would submit that by a voting process, the Managing Committee or the General Body will deny the no- objection certificate and, therefore, the ritual or the ceremony will have to be performed necessarily in other slaughtering place. It would not be possible in every society, and particularly in the suburbs, to obtain such no-objection certificate. He would submit that no slaughtering is permitted in the Masjid. Therefore, today there is a real difficulty for those who have to perform this ceremony or ritual. Time is short, he submits, since the festival would start on 12th August, 2019. At least for this year, he would submit, this Court should relax the rigour of the order and allow the ceremony to be performed or the sacrifice to be made within the premises or in the compound of the co-operative housing society. Mr.Sadavarte submits that the applicants and others wish to challenge the policy of the Municipal Corporation. That is, however, a larger challenge. The immediate concern is that the festival is round the corner and, therefore, in some deserving cases, according to him, our order should be relaxed.