Bombay HC permits animal slaughter for Bakri Eid and Urs at dargah at Vishalgad fort

The trust had filed an interim application in its writ plea challenging various communications issued by the director of archaeology and museums, the superintendent of police, Kolhapur, and the chief executive officer of the Kolhapur Zilla Parishad seeking a ban on slaughtering of animals and birds at Vishalgad in Shahuwadi Taluka.

The authorities had claimed that the slaughtering of animals was taking place at a protected monument, and as per Maharashtra Ancient Monuments and Archaeological Sites and Remains Rules, 1962, there was a prohibition to cook and consume food in the fort premises.

However, the petitioner trust, through advocates Satish B Talekar and Madhavi Ayyapan, had argued that the dargah within the fort precincts was a historical monument constructed in the 11th century and is visited and revered by both Hindus and Muslims. The trust claimed that while the animal sacrifice at the dargah was an “integral custom”, the actual sacrifice does not take place in a public place but behind closed doors on private land nearly 1.4 km away from the fort. The lawyers argued that the offerings are served to pilgrims and others at the dargah and have been a source of food to many poor people residing in the surrounding villages of the fort.

The Justice Gokhale-led vacation bench referred to the June 14, 2024, order of a bench of Justices B P Colabawalla and Pooniwalla that allowed animal slaughter during Bakri Eid and Urs at the said dargah.

“Considering the fact that the coordinate bench of this court in order dated June 14, 2024 has already dealt with the issue and had permitted the prayer, the same shall continue for the festival of Bakri Eid, which is on June 7 and the Urs for four days from June 8 to 12. Needless to state, the same conditions, which have been imposed in the June 14, 2024 order, shall apply to the petitioners in the present interim application and also to devotees of Dargah who come to sacrifice animals during Bakri Eid and Urs. The conditions imposed in June 14, 2024 order shall be strictly complied with,” the vacation bench noted in the order and disposed of the trust’s application.

The conditions include that the killing of animals or birds shall only take place in the closed premises, a private land owned by one Mubarak Usman Mujawar, and the killing of animals should not be done in an open place or a public place.