HIFZUR RAHMAN CHOUDHURY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. H R A Choudhury, learned Senior counsel, assisted by Mr. F U Barbhuiya, learned counsel for the petitioner and Mr. J Handique, learned Government Advocate, Assam for the respondent Nos. 2, 3, 4 and 6.

(2.) The Secretary to the Animal Welfare Board of India (AWBI, in short), Ministry of Fisheries, Animal Husbandry and Dairying, Government of India (Department of Animal Husbandry and Dairying) by its communication No.9-2/2019/20/PCA dtd. 7/6/2022 communicated to (i) the Chief Secretaries of all the States, (ii) the Director General of Police of all the States and (iii) the Director, Animal Husbandry Department of all the States to stop illegal killing/sacrifices of Cows/Calves, Camels and other animals and taking action against the offenders for violation of Transport of Animals Rules on the occasion of Bakrid stating that large number of animals are likely to be slaughters during Bakrid festival and it is reported that during the transportation of animals, the owner of the animals do not follow the Animal Welfare Laws and Transport Animal Rules that prescribes the number of animals which can be transported in a vehicle resulting in cruelty to the animals noticing that the animals suffer and are subjected to various cruelties and some of the animals even die during transportation.

(3.) By the said letter dtd. 7/6/2022, the AWBI has informed all concerned that cruelty to animal is punishable offence under the Prevention of Cruelty to Animals Act, 1960 and such violation is against the spirit of Articles 48, 48(a) and 51A(g) of the Constitution of India.