Order Extending Madras HC’s Stay On Cattle Rules: SC To Hear Clarification Petition

The Supreme Court has agreed to hear on Friday an application filed by animal rights activist Gauri Maulekhi seeking clarification of its July 11 order staying centre's two notifications banning cattle sale for slaughter in live stock markets.

Two NGOs also moved the Apex Court seeking similar order on the grounds that the court has stayed Centre's two notifications-Prevention of Cruelty to Animal (Regulation of Livestock Markets ) Rules and Prevention of Cruelty to Animals ( care and maintenance of case property animals) Rules 2017.

In an urgent mentioning before the Bench headed by Chief Justice of India J S Khehar, senior Advocate V Giri argues that the Apex Court also stayed the Prevention of Cruelty to Animals ( care and maintenance of case property animals) Rules 2017 which was not under challenge before Madurai bench of Madras High Court.

Petitioners has sought  seeking a clarification of the order dated 11.07.2017 in W.P. (C) 422/2017 to the extent that it has been recorded as under:

“The challenge through the bunch of writ petitions, which are the subject matter of consideration, is to the validity of the Prevention of Cruelty to Animal (Regulation of Livestock Market) Rules, 2017, and the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017. Both the above Rules, we are informed, were challenged before the Madurai Bench of the Madras High Court, which has stayed the operation of the said Rules… We understand the position to be that the interim order shall apply across the whole country.”

Petitioners submitted that that only Rule 22 b (iii) and 22 (e) of The Prevention of Cruelty to Animals (Regulation of Livestock Market) Rules, 2017 had been challenged before the Madurai Bench of theHigh Court. That vide order dated 30.05.2017, the Court of Judicature of Madras, Madurai Bench had only stayed Rule 22 (b) (iii) and Rule 22 (e) of the Prevention of Cruelty to Animals (Regulation of Livestock Market) Rules, 2017.

According to the petitioners the order dated 11.07.2017 was passed on the basis of an incorrect assumption and belief that both the rules i.e. the Prevention of Cruelty to Animal (Regulation of Livestock Market) Rules, 2017 [ ‘Livestock Market Rules’], and the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 [‘Case Property Rules’] were challenged before the High Court of Judicature of Madras, Madurai Bench and stayed thereupon.

They submitted that High Court was only seized of some clauses of one set of rules, while the present Writ Petition challenged two sets of Rules i.e. the Livestock Market Rules, 2017 and the Case Property Rules, 2017. These are two entirely different Rules having entirely different sphere of application.

On July 11, Supreme Court had extended the stay granted by high court on the notifications.