The Bombay High Court on Thursday declined to halt the enforcement of the Brihanmumbai Municipal Corporation's (BMC) May 29 circular, which allows animal sacrifices at 67 private meat shops and 47 municipal markets during Bakrid on June 17.
Today, a division bench comprising Justices MS Sonak and Kamal Khata issued the order in response to petitions filed by Jiv Maitri Trust and Anoop Rajan Pal, who sought an urgent stay on the BMC circular.
The parties had requested an interim stay through a precipe (a written request for an urgent hearing) without submitting a formal application. The bench did not consider this an appropriate method for seeking relief.
"We are not sure if this is an appropriate course to seek an interim relief. Even the precipe is bereft of any interim relief sought and simply seeks circulation of matter for urgent hearing. Oral application for interim relief cannot be entertained," the bench said.
The petitioner argued that the BMC circular failed to specify the statutory basis for its issuance, contradicting the BMC's own policy on animal slaughter. Additionally, they noted that meat shops near airports in Mumbai violated the Aircraft Act and posed further safety concerns.
However, Senior Advocate Milind Sathe, representing the BMC, countered that the circular merely granted permission to the relevant private shops and municipal markets to conduct activities from June 17 to 19 during the festivities.
He further added that similar permissions had been granted to 72 establishments in the past without any challenges.
The Court noted that there is a mechanism in place to lodge complaints in case of any violations, following the High Court's direction on June 8, 2023. This mechanism remains effective.
In light of this, the Court refused to grant any relief.
"Do not come at the last moment like this. Do not give that impression. There were similar permissions granted last year. There is a mechanism in place to file complaints," the bench orally remarked.
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