Bombay High Court Refuses To Stay BMCs Permissions For Animal Sacrifice At Shops And Markets On Bakrid

The Bombay High Court has declined to stay the implementation of a circular issued by the Brihanmumbai Municipal Corporation (BMC) permitting animal sacrifices at 67 private meat shops and 47 municipal markets during Bakrid on June 17, 2024.

A division bench of Justice MS Sonak and Justice Kamal Khata, while dealing with petitions seeking urgent stay on the BMC circular, noted that the petitioners mentioned the matter and sought urgent hearing through a praecipe (a written request for an urgent hearing).

The court noted that the praecipe does not seek any interim relief and simply seeks circulation of matter for urgent hearing. The court did not find this method appropriate for seeking relief. Oral application for interim relief cannot be entertained, the court said.

Petitioner Jeev Maitri Trust contended that the BMC circular does not specify the statutory authority under which it was issued, thereby conflicting with the BMC's existing policy on animal slaughter. The petitioners also highlighted that allowing meat shops near airports violated the Aircraft Act and posed safety concerns.

Senior Advocate Milind Sathe for BMC submitted that the concerned circular merely grants temporary permission to the specified private shops and municipal markets from June 17 to 19 during the Bakrid festivities. He emphasized that similar permissions had been granted in the past to 72 establishments without any legal challenges.

The court noted that a mechanism to lodge complaints about any violations was established under a previous High Court direction dated June 8, 2023. This mechanism, the court noted, remains in place and provides a means to address any grievances.

The court asked the petitioners not to come to the court at the last-minute and noted that similar permissions had been granted in previous years.

The Jeev Maitri Trust initially filed a petition in 2018 challenging the BMC's NOC for animal slaughter outside the Deonar abattoir. The trust argued that the May 29, 2024 circular violated central laws including the Food Safety and Standards (Licensing and Registering of Food Business) Regulations, the Environment (Protection) Act, and the Prevention of Cruelty to Animals Act. The petitioners emphasized that the BMC's policy does not allow slaughtering at public places such as bus stops and airports, yet the circular permitted it at mutton shops, which are not included in the BMC's policy.

Sathe pointed out the repetitive nature of such pleas, which are often filed just days before festivals. He reiterated that the permission was granted only to a limited number of private shops and municipal markets for a short duration of three days.

The court noted that the petitioner did not amend the petition to specifically challenge the May 29, 2024 circular. Without such amendments, pressing for interim relief is inappropriate, it said.

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