MUSTAFA QURAISHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Mustafa Quraishi, the petitioner herein, seeking for a declaration that the provisions contained in Sections 3, 5, 6, 7 and 14 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005, (herein after called as Jharkhand Act, 2005) are ultra vires to Article 19(1)(g) and Article 21 of the Constitution of India, has filed this writ application before this Court.

(2.) THE short facts leading to the filing of the writ application are as follows: In the State of Bihar, before bifurcation of the State of Jharkhand, Bihar Preservation and Improvement of Animal Act, 1956, (hereinafter called as the Bihar Act; 1956) was enforceable. Even after enactment of the Bihar Re -Organization Act, 2000, by which the State of Jharkhand has been bifurcated, the Bihar Act, 1956 was applicable to the entire area of Jharkhand in view of Section 85 of the Reorganization Act. Under the Bihar Act, 1956, the legislature sought to prohibit slaughter of cow or its progeny in entirety through Section 3 of the Bihar Act, 1956. The same was challenged before the Supreme Court in the case of Hanif Quraishi v. State of Bihar reported in : [1959]1SCR629 . Though the Supreme Court through 5 Judges Special Bench upheld the Bihar Act, 1956, holding the same to be intra vires to the Constitution of India, It held that Section 3 of the Bihar Act, 1956, which completely prohibited the cow, bull and bullock to be slaughtered in all forms, was declared illegal. In the said decision, Hon'ble Supreme Court allowed the bull and bullock to be slaughtered after the age of 16 years and the cow was allowed to be slaughtered when it became useless. Even after the judgment in Hanif Quraishi : [1959]1SCR629 , the State of Himachal Pradesh and the State of Bihar made attempts, by bringing legislation, to put a total ban upon slaughter of cow and its progeny. Hon'ble Supreme Court deprecated the action of those States and affirmed the decision rendered by the 5 Judges Bench, i.e. Hanif Quraishi, : [1959]1SCR629 . Those judgments are 1961 SC 448 (Abdul Hakim v. State of Bihar) and 1970 SC 93 (Mohd. Faruk v. State of M.P.). Despite the fact that the law laid down by the Supreme Court prohibiting the total ban upon slaughter of cow and its progeny, the Government of Jharkhand in the year 2005 enacted the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005, incorporating Sections 3, 5, 6 and 7, whereby slaughter of cow and its progeny is completely sought to be banned in any form and in all circumstances irrespective of their age. Jharkhand Act, 2005 is sought to be challenged in this writ application for a declaration that it is ultra vires to the Constitution of India.

(3.) IN reply to the above submissions, the counsel appearing for the State would contend as follows: