GOVERDHAN DAS KESWANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition in the nature of public interest litigation, inter-alia, raises a grievance concerning illegal slaughtering, migration, export and transportation of bovine animals.

(2.) THE following prayers have been made. " (i) Direct the respondents to stop slaughtering, migration, export and transportation of cows, calves and other milch and drought cattle immediately; (ii) Direct the respondents to take action against the policy personnels who tried to suppress/destroy the evidence in slaughtering of such animals. (iii) To recommend the state for minimum sentence of 10 years rigorous imprisonment and fine of Rs. 1]00]000/- instead of minimum sentence of 1 year rigorous imprisonment and fine as provided under Section 10 of the Act of 1995 and the vehicle involved in such cases should not be released so lightly, rather it should be dealt with as releasing the vehicle in Forest Act. (iv) Any other appropriate writ, order or direction which your Lordships may deem fit and proper in the facts and circumstances may also kindly be passed in favour of the petitioner and against the respondents. (v) Cost of the writ petition may kindly be passed in favour of the petitioner and against the respondents. "

(3.) SECTION 5 prohibits export of bovine animal for the purpose of slaughter and regulation of temporary migration or export for other purposes. SECTION 5 reads thus: 5. Prohibition of export of bovine animal for the purpose of slaughter and regulation of temporary migration or export for other purposes- (1) No person shall export and cause to be exported any bovine animal himself or through his agent, servant or other person acting in his behalf from any place within the State to any place outside the State for the purposes of slaughter or with the knowledge that it may be or is likely to be slaughtered. (2) Notwithstanding anything contained in sub-section (1) temporary migration of bovine animal from the famine and scarcity affected areas of Rajasthan may be allowed by the Competent Authority to other States in India for grazing purposes under a valid permit in the manner prescribed and hereinafter laid down. (3) Any person residing in any famine and scarcity affected area and desiring migration of any bovine animal shall apply to the Competent Authority having jurisdiction over such area stating the circumstances necessitating the proposed Magistrate together with the number of bovine animals and name of the State of States to which migration is proposed and the period for which the permit is required. (4) The Competent Authority after satisfying itself about the genuineness of the request of the applicant referred in sub- section (3), may grant him a permit in the prescribed form and manner which among other things may grant him a permit in the prescribed form and manner which among other things may provide for affixing of identification mark before such temporary Magistrate of bovine animal is allowed out of the State and in no case the period of said migration shall extend beyond the month of August next following the date of grant of the permit. (5) On return from temporary Magistrate the applicant referred to in sub-section (3), shall inform the Competent Authority in writing about the number of bovine animal brought back by him together with the explanation for variations, if any. (6) If any person does not bring back such bovine animal into the State and also within the period specified in the permit he shall be deemed to have contravened the provisions of sub- section (1 ). (7) The Competent Authority may issue special permit in the prescribed manner for export of bovine animal from Rajasthan for agricultural or dairy farming purposes or for participation in a cattle fair, and before granting such permission the Competent Authority shall also ensure that such export in no way reduces the number of such bovine animal below the level of actual requirement of the local area. (8) Any applicant referred to in sub-section (3) or any person seeking special permit under sub-section (7), aggrieved by an order of the Competent Authority made under sub-section (4), sub-section (6) or sub-section (7) may make an application, within thirty days from the date of the order, to the Divisional Commissioner and the Divisional Commissioner may upon such application or suo-motu call for and examine the record of the case for the purpose of satisfying himself as to the correctness, legality or propriety of any order and may pass such order as it may deem just and proper and such order shall be final and conclusive and shall not be called in question in any civil court. "