On Thursday, the Bombay High Court refused to stay the operation of a Brihanmumbai Municipal Corporation (BMC) circular dated May 29, which permits animal sacrifices at 67 private meat shops and 47 municipal markets during Bakrid on June 17 [Jiv Maitri Trust v. Union of India & Ors.].
A division bench of 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 petitioners had requested the interim stay through a precipe (a written request for an urgent hearing) without submitting a formal application. The bench found this method inappropriate 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 stated.
The petitioners argued that the BMC circular did not specify the statutory authority for issuing it and was inconsistent with BMC’s own policy on animal slaughter. They also contended that meat shops near airports in Mumbai violated the Aircraft Act and posed safety concerns.
However, Senior Advocate Milind Sathe, representing the BMC, argued that the circular only granted permission to specific private shops and municipal markets from June 17 to 19 during the festivities. He noted that similar permissions had been granted to 72 establishments in the past without any challenges.
The Court observed that there is a mechanism to lodge complaints in case of any violations, as directed by the High Court on June 8, 2023. This mechanism remains in place.
In view 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.
