Bombay HC declines interim stay on BMC nod to Bakrid sacrifices at meat shops, markets

“We are not sure if this is an appropriate course to seek an interim relief. Even the praecipe is bereft of any interim relief sought and simply seeks circulation of matter for urgent hearing. Oral application for interim relief cannot be entertained,” the bench noted.

Senior advocate Milind Sathe for BMC submitted that such pleas are invariably made on the eve of Bakrid festival also called Eid-al-Adha and even on June 8, last year, the HC granted interim relief.

The court had then noted that in case of any violation of policy or legal provisions, there was a mechanism put in place to lodge complaints and that mechanism continues to remain in place.

Jiv Maitri Trust argued that the statutory source for issuing impugned communication of May 29 was not mentioned and the said document is not in consistent with BMC’s own policy, related to animal slaughter, which is challenged in the main petition.

The petitioner also argued that some meat shops near Mumbai airport also violate the Aircraft Act, 1934, posing further safety concerns.

However, Sathe argued that the communication on which the stay is sought only grants permission to the private shops concerned and municipal markets for three days from June 17 to 19 during festivities. He added that even in the past, similar permissions were granted to about 72 establishments and petitioners did not bother to challenge such permissions, which the petitioner contested.

The bench noted that the petitioner has not amended the plea to challenge the May 29 communication. “Without amending it, it would not have been appropriate to give interim reliefs which are always in aid of final relief. For above reasons, we decline any interim relief,” the order stated.

“Do not come at the last moment like this. Do not give that impression. There were similar permissions granted last year. There is a mechanism in place to file complaints,” the bench orally remarked to petitioners.

Meanwhile, another plea has been filed by Akhil Bharat Krishi Go Seva Sangh, a public trust. before a bench led by Chief Justice Devendra Kumar Upadhyaya challenging the May 29 circular and seeking other reliefs. The said plea argued that meat shops and markets lack the facilities mandated by animal welfare laws and that Deonar Abattoir, which is fully equipped for animal slaughter, should be the sole location for these sacrifices.