Court Can't Monitor Everything That Goes On In Different Parts Of The Country: Apex Court Refuses To Consider Plea To Enforce Laws Relating To Cattle Markets During Bakra Eid

The Supreme Court refused to entertain the Special Leave Petition seeking a direction to the State Advisory Board For Animal Welfare and Delhi Police to ensure that no cattle markets are held in Delhi without obtaining prior permission during the Bakra Eid celebration.

By the impugned order, the Delhi High Court had refused to entertain the Writ Petition. The High Court had stated that other than making some bald averments, no specific case has been highlighted. High Court also observed that the Petitioner had chosen to produce photographs which were claimed to have been clicked in the year 2021-22. Being aggrieved with the same, the Petitioner had approached the Apex Court. 

During the hearing, the Bench consisting of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia expressed their reluctance to entertain the matter. Justice Kaul stated, "Your photographs etc that you quote show that trading is taking place, but it doesn't demonstrate that sacrifices have been made. Anyway, Trading is not prohibited. But yes, slaughtering must be conducted in designated places."

Justice Kaul also remarked, "These are local issues, and the High Court should have the final say on them." Meanwhile, Justice Dhulia asked the Petitioner to approach the Authorities under the appropriate statutes. "There is a food safety act, and there are relevant authorities; you should go to them with a specific case, as that is what the High Court has suggested," said Justice Dhulia.

"Is it for the highest Court to see now what is happening in Delhi in a particular area?", further remarked Justice Kaul. 

Petitioner Ajay Gautam then referred to the Motto of the Supreme Court 'Yato Dharma: Tato Jaya' and stated, "All the living things have the right to live without any fear. My only submission is that all these markets should not be held before the bakra eid. I am not touching any communal thing." Petitioner further stated, "I had gone before the authorities then I approached the High Court and then the High Court says I have to make a specific instance to make a case." 

However, the Bench refused to entertain the matter. The Bench stated, "This Court can't be monitoring everything which goes on in different parts of the Country." The Petitioner then requested the liberty to approach the High Court once again by filing a review petition.

Accordingly, the Court ordered, "After some arguments, the Petitioner seeks to withdraw the Petition as he wants to file the review petition before the High Court. That is something for him to do. Dismissed as withdrawn."

The Petitioner, who states that he has studied to become a religious teacher/preacher, is a purohit and performs rituals, had approached the Delhi High Court on the occasion of Bakra-eid, seeking strict implementation of the provisions contained in Notification dated May 23, 2017, issued by the Ministry of Environment, Forest & Climate Change and sought direction to authorities to ensure that no Cattle markets be held in Delhi without obtaining prior permission of the competent authorities stipulated in above Rules on the occasion of BakraEid. 

In the Petition, it was submitted that during Bakra-Eid/Eid Ul Addha, innocent and helpless Goats/ships/ bullock will be mercilessly butchered throughout the country in the name of sacrifice. It was further stated that cattle markets are held at various places viz. Jaffrabad, Okhla, Jamia, Jama Masjid, Seelampur, Inderlok, Jamia amongst others without obtaining prior permission of the Administration or its competent authorities.

Petitioner had also stated that animals are sold in these markets for earning more money and are treated with extreme cruelty without making necessary arrangements. However, the High Court had in the impugned order observed that, "In the absence of any specific instance by the Petitioner showing as to how these rules are violated, a writ of mandamus cannot be passed in air. Nothing has been shows that the State is not performing its duties and only a failure to perform its duty by the State, give rise to a writ of mandamus."

The High Court had also stated that it is always open for the Petitioner to approach this Court by showing specific instances of violation of the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017.

Cause Title: Ajay Gautam v. Delhi State Advisory Board For Animal Welfare & Anr. [SLP(C) No. 016576 - / 2023]