RAMESH SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in all these petitions, the same were taken up together for hearing and are being disposed of by a common judgment. However, for clarity sake, facts of CWP No. 5076/2012 have been taken into consideration.

(2.) PETITIONER claims that she is working for animal rights for the past ten years through "People for Animals", Kasauli as a State representative. The core issue raised in this petition is about the slaughtering of thousands of animals in the name of religious sacrifice held by devotees throughout the State of Himachal Pradesh. Petitioner has placed on record photographs of the animal sacrifice being performed. The State has not taken any effective steps to prevent the sacrifice of innocent animals. According to the petitioner, this practice is not in conformity with Article 51 -A(h) of the Constitution of India. According to the petitioner, this practice is prevalent in Chamunda Devi temple in Kangra District, Hadimba Devi temple in Manali, Chamunda Nandi Keshwar Dham in Kangra, Malana in Kullu District, Dodra Kwar (Mahasu), Shikari Devi temple in Mandi District and Shri Bhima Kali Temple in Sarahan, Ani and Nirmand in Kullu District, Shilai in Sirmaur District and Chopal in Shimla District. Animals are beaten up mercilessly and dragged up to mountain slopes to meet their death. The scenic beauty of the religious places is not maintained. According to the petitioner, it takes 25 minutes to kill a buffalo bull. At times, buffalo runs amuck to save itself. The animals are mercilessly beaten up and chilies are thrown into their eyes. Petitioner has laid great stress for improved scientific and rational thinking by the people, who are indulged in this practice. Petitioner has also filed representation before the Deputy Commissioner, Kullu requesting to prevent sacrifice of animals at Dhalpur Maidan, Kullu. The insensitivity of the administration was highlighted in the newspaper "The Times of India" dated 23.10.2010. The larger beneficiaries of this practice are priests and the Mandir Committee, animal breeders and designated butchers community of the temples. Petitioner has sought direction to the State to stop illegal animal slaughtering in the temples and public places. She has also sought direction to the Deputy Commissioners of all the District of Himachal Pradesh to ensure complete ban on animal sacrifices in temples and public places. An action is also sought to be taken against the persons, who are indulging in this practice.

(3.) THE Court on 28.9.2012 had directed to issue public notice in two newspapers, i.e. "Amar Ujala" and "Dainik Jagran" Himachal Pradesh Edition to given an opportunity to all the persons, who wanted to oppose or support the petition. The purpose of notice was to inform the general public that a writ has been filed in this Court challenging the practice of animal sacrifice for religious purposes in temples and other public places in Himachal Pradesh and anybody who wanted to oppose or support the petition could appear in the Court in support of or against the petition. Since a legal question was involved, they were not permitted to be impleaded as parties but they were permitted to intervene in the matter and file documents in support of their cases. In sequel thereto, notices were issued and a number of communications were received by the Court from various persons. These persons were advised to file proper affidavit. It was also made clear on 14.12.2012 that unless a proper affidavit was filed or a person was represented through counsel or appeared personally, no hearing could be given to them. On 18.6.2013 the following order was passed: