Uttarakhand HC Permits Animal Slaughtering On Bakar-Eid In Muslim-Majority Town In Haridwar District [Read Order]

The court noted that the purpose of issuance of order appears to be to assuage the feeling of Hindu community, since Haridwar is considered as a holy city from times immemorial.

"However, in our view, to the extent the said order puts a ban in a blanket manner, over areas such as town of Mangalore (situated about 45 kilometers from the town of Haridwar), and where the majority population is Muslim, even on the day of Bakar-Eid, appears to be unreasonable.", opined the division bench.

Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe observed,

"We, therefore, stay the operation of government order dated 03.03.2021 in respect of town of Mangalore on the occasion of Bakar-Eid which falls on 10th July, 2022. On the said date, the residents of Mangalore town, who wish to celebrate Bakar-Eid, shall sacrifice the animals only within the compound of abattoir, and not outside their residences."

The bench observed that it shall be the responsibility of the interventionists to persuade the entire Muslim community in Mangalore town to ensure that no slaughtering of animal is undertaken on Bakar-Eid outside the premises of abattoir which is constructed on PPP Mode. Further, the court asked the Mangalore Municipal Board, Haridwar, to make necessary arrangements at the abattoir on the occasion of Bakar-Eid on 10th July, 2022.

During the course of hearing, the state undertook to inform the operative part of this order to the concerned authorities, including the District Magistrate, Haridwar for compliance. The court ordered the respondent authorities to implement the aforesaid directions, without waiting for the order.

Background

The present writ petition was filed on 17 April 2021 to assail the order passed by the State Government banning slaughtering of animals in the district of Haridwar. Now, an application has been moved by the interventionist to permit him to intervene in the present case, and to seek a direction to the respondents to make the legally compliant slaughterhouse operational.

The interventionist submitted that he is the resident of Mangalore town which falls in the district of Haridwar, and is at a distance of about 45Km from the town of Haridwar. The composition of population in the town of Mangalore is that the majority population i.e. to the extent of 87%, are Muslims. The festival of Eid al-Adha (Bakar-Eid) would be celebrated on the 10th of July, 2022. The effect of ban on slaughter of animals in the district of Haridwar would be, that the Muslim residents of Mangalore town would not be able to regularly celebrate the festival of Bakar-Eid.

Arguments

The counsel submitted that the right of Muslim community, to celebrate their religious festival, cannot be curtailed absolutely and in the manner sought to be achieved by the governmental order dated 03.03.2021. He pointed out that after the issuance of order, when the festival of Bakar-Eid was celebrated, animals were sacrificed in the streets of Mangalore town. He submitted that the authorities were not in a position to control the same and the impugned order is leading to infraction of law which is completely avoidable.

He also submitted that an abattoir has been constructed in Mangalore town under the Public-Private Partnership (PPP) Model with all requisite permissions, and for this purpose, the State Government granted its permission on 23.12.2016. In fact, he added that the said abattoir had to be constructed and made functional in the year 2011. He informed that since that was not done, despite repeated orders, the court was compelled to initiate contempt proceedings against several authorities. The charge was framed by the court on 26.11.2019, however, those contempt proceedings were stayed by the Supreme Court on 17.12.2019.

The matter is next listed on 12.09.2022.

Counsels for the Petitioners: Sr. Adv. Arvind Vashisth.

Counsel for the Interventionists: Dr. K.H. Gupta

Counsel for the State: Chief Standing Counsel C.S. Rawat along with Addl. Chief Standing Counsel Anil K. Bisht

Counsels for Manglore Municipal Board, Haridwar: Shri Davesh Bishnoi and Shri Parikshit Saini

Case Title: Iftakhar and others v. State of Uttarakhand and others