Beef Ban: Gauhati High Court Issues Notice On Plea Challenging "Complete Ban" In Municipal Area
The Gauhati High Court has issued notice on a petition challenging "complete ban" on business of selling beef in Assam's Sonari Municipal area. The question that has arisen before a single bench comprising of Justice Sanjay Kumar Medhi is whether the Assam Cattle Preservation Act, 2021 contemplates an absolute beef ban or whether the Municipal Corporation is obliged to allot an appropriate...
The Gauhati High Court has issued notice on a petition challenging "complete ban" on business of selling beef in Assam's Sonari Municipal area.
The question that has arisen before a single bench comprising of Justice Sanjay Kumar Medhi is whether the Assam Cattle Preservation Act, 2021 contemplates an absolute beef ban or whether the Municipal Corporation is obliged to allot an appropriate site to carry out such business.
The challenge is against a notice dated 30.06.2022 issued by the Executive Officer, Sonari Municipal Board by which the business of selling of beef was completely prohibited from 15.07.2022 citing Section 8 of the Act.
The counsel for the petitioners submitted that their business was ancestral. They contended that the Act does not contemplate a complete ban as that would amount to infringement of the fundamental right to carry out business. Instead, the Act prescribes procedure and formalities, which include allotment of an appropriate site to carry out business. They also questioned the competence of the Executive Officer in issuing the impugned notice, on the ground that the Act has prescribed the government to appoint an appropriate authority, which had not been done in the present case. They also prayed for interim orders.
The Court has issued notice, returnable by 25.07.2022. The State Counsel, Assam accepted the notice on behalf of all the Government of Assam.
So far as interim prayer is concerned, the Court directed the State Counsel to obtain instructions and present them on 25.07.2022, which are to include steps/measures taken to ensure that the petitioners can carry out their business, as per the Act.
Case Title: MUJIB ROHMAN AND ANR VERSUS THE STATE OF ASSAM AND 3 ORS
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