The Supreme Court on Monday declined to entertain a public interest litigation (PIL) seeking nationwide enforcement of laws prohibiting cow slaughter and regulation of slaughterhouses, observing that any alleged violation of existing judicial directions should be addressed by invoking the Court’s contempt jurisdiction rather than by filing a fresh writ petition.
The Bench of Justice Vikram Nath and Justice Sandeep Mehta permitted the petitioner to withdraw the plea after expressing its unwillingness to examine the matter under Article 32 of the Constitution. The Court observed that if any binding judicial order is being violated, the appropriate legal remedy is to file a contempt petition. The petitioner was granted liberty to avail other remedies available in law.
The PIL was filed by Advocate Barun Kumar Sinha through Advocate-on-Record Anantha Narayana MG. It sought directions to all States and Union Territories to strictly implement anti-cow slaughter laws in accordance with the Constitution Bench judgment in State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005) 8 SCC 534. The petition also sought the formulation of uniform guidelines for regulating slaughterhouses across the country and action against operators allegedly violating existing statutory provisions governing cow slaughter.
The petitioner argued that despite the Supreme Court’s authoritative ruling upholding stringent restrictions on the slaughter of cows and their progeny, implementation of such laws remained inconsistent across different States. It was contended that the authorities had failed to effectively enforce the constitutional and statutory framework governing cattle preservation.
The plea traced the legislative history of cattle preservation laws, including the Bombay Animal Preservation Act, 1948, and relied upon Article 48 of the Constitution, a Directive Principle of State Policy, which requires the State to organise agriculture and animal husbandry on modern and scientific lines and to prohibit the slaughter of cows, calves and other milch and draught cattle.
The petition also referred to the Constitution Bench decision in Mohd. Hanif Quareshi v. State of Bihar (1959 SCR 629) and the subsequent seven-judge Constitution Bench ruling in State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat, which upheld Gujarat’s law imposing a complete prohibition on the slaughter of cow progeny and overruled the earlier judgment to the extent it had invalidated such restrictions.
During the hearing, counsel for the petitioner submitted that the 2005 Constitution Bench judgment was not being implemented effectively by the authorities. The Court, however, observed that allegations of non-compliance with an existing judicial order cannot ordinarily be addressed through a fresh writ petition and should instead be pursued by initiating appropriate contempt proceedings before the competent court.
Apart from seeking strict enforcement of anti-cow slaughter laws, the petition had also sought directions to the States to notify regulatory guidelines governing the establishment and functioning of slaughterhouses and to initiate legal action against operators allegedly violating applicable animal preservation laws.
Accepting the Court’s observations, the petitioner withdrew the PIL. The Supreme Court accordingly dismissed the petition as withdrawn while leaving it open to the petitioner to pursue appropriate legal remedies, including contempt proceedings, if there was any alleged breach of binding judicial directions.
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