TIA NEWS / New Delhi
The Supreme Court will hear on June 15 (Thursday) a plea challenging the Central government notification prohibiting sale and purchase of cattle at animal markets for slaughter on the grounds that it violates the right to free trade.
The vacation bench of apex court comprising Justice Ashok Bhushan and Justice Deepak Gupta had on June 7 directed the listing of the matter on June 15 after counsel Sanobar Ali Qureshi, appearing for the Hyderabad-based petitioner Faheem Qureshi had mentioned the matter urging for an early hearing.
Petitioner Mohammed Abdul Faheem Qureshi moved SC on June 7 has also challenged the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 which provides for the seizures, recovery of the cost of transportation, maintenance and treatment of seized animals.
Faheem Qureshi, himself a lawyer, has contended that the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 and the Prevention of Cruelty to Animals (Animals (Care and Maintenance of Case Property Animals) Rules, 2017, which bans sale of cattle for slaughter and other Rules restricts cattle trade respectively are arbitrary, illegal, and unconstitutional.
He has contended that the rules violated his constitutional rights to practise any profession or to carry on any occupation, protection of life and personal liberty, freedom of conscience and free profession, practice and propagation of religion and protection of interests of minorities.
The petitioner has challenged different stipulations of two notifications that came on May 23.
He has contended that the rule that the purchaser “shall not sacrifice the animal for any religious purpose” was contrary to the Prevention of Cruelty to Animals Act, 1960, whose Section 28 says it is not an offence to “kill any animal in a manner required by the religion of any community”.
Faheem Qureshi who also heads the All India Jamiatul Quresh Action Committee, has also questioned the stipulation that prohibits bringing young cattle to animal market, unless the purchaser furnishes an undertaking saying he is an agriculturist, that the animal would be used for agricultural purposes, and not resold for six months.
He has also pointed out that the provision under the impugned notification depriving the first time offender a first-time offender of the animal’s ownership violates the 1960 law’s Section 29 which says that no person would be deprived of his animals unless he has been previously convicted under the Act or it is shown that his character, or record of treatment of animals makes him unfit.