Calcutta High Court Restores Plea Challenging 'Drum Beating', 'Public Slaughtering' Of Animals During Muharram

The Calcutta High Court on Friday allowed the restoration of a plea challenging the acts of "drum-beating" and "public-slaughtering" of animals during Muharram.

A division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya said,

“The petitioner has filed [this plea] to restore the writ petition which was dismissed for default on 18.04.2023. The petitioner submits that on account of certain circumstances, she was unable to be present in court on the said date, and has also enclosed a copy of medical records, to show that she was unwell. Considering that the petitioner is appearing in person, we are inclined to exercise discretion and restore the writ petition to the file of this court to be heard on merits.”

The Bench noted that guidelines for celebration of festivals in a peaceful and cooperative manner have already been issued by several benches of the High Court, but nonetheless allowed the petitioner to plead her case on the next date for hearing. The Court orally remarked:

“What do you want? No slaughtering at all? No beating of drums? [On public slaughtering and drum beating], the Government has already issued an order, there is a division bench judgement of Chief Justice Jyotirmay Bhattacharya where he has given all guidelines, we have also issued directions that it should be scrupulously followed during the next Eid. But the other day you were saying beating of drums…as a part of festival, everyone will beat drums, in any festival.”

It was argued by the petitioner that in this case, drum-beating was being used as a tool for public nuisance by ‘politically motivated goons’ who intended to disturb those in the area.

The plea has been listed for further consideration on Tuesday, 25^th July.

Case: Shagufta Sulaiman v State Of West Bengal And Ors WPA(P)/369/2022

Coram: Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya