On June 28, the Bombay High Court directed Brihanmumbai Municipal Corporation (BMC) to ensure no illegal slaughter occurs at Nathani Heights Society in South Mumbai. A division Bench comprising of Justice Girish Kulkarni and Justice Jitendra Jain was hearing a petition filed by two society residents named Haresh Jain and Apeksha Shah.
In their plea, the residents cited environmental and hygiene concerns related to the slaughter of animals in open spaces in society. The bench heard the matter at 7 PM on Wednesday, with the hearing lasting until 8:10 PM. The petitioners stated there were no proper arrangements to maintain hygiene because of animal slaughter on Eid, posing a threat to the environment. The High Court directed BMC and Mumbai Police to ensure no illegal slaughter occurs inside the society.
The order was passed by the division bench led by Justice GS Kulkarni. #BakriEid pic.twitter.com/6MN2E10MfE
— Live Law (@LiveLawIndia) June 28, 2023
In its order, the court said, “Respondent No 3, Municipal Corporation, shall ensure that illegal slaughtering of animals shall be allowed at Nathani Heights situated at Lamington Road, Mumbai Central, Mumbai-400008 unless the same is recognised or licensed by the Municipal Corporation.”
The court added that in case the BMC has not issued a license to slaughter animals at the society, the municipal corporation officials have to take police help and initiate appropriate action in accordance with the law to prevent the slaughtering proposed for Bakrid. The court noted, “The Police Commissioner / Officer-in-Charge of Nagpada Police Station is directed to provide appropriate police assistance to the officers of the Municipal Corporation in the event an action is required to be taken.”
Appearing for BMC, advocate Joel Carlos opposed the ban and said the BMC officials would visit the site and take appropriate action if any violation is found. He added the words of the petitioner “cannot be taken to impose any ban”. Advocates Subhash Jha, Mikhail Dey, Pulkeshi Gaikwad, and Dinesh Tiwari appeared for the petitioner.
Notably, on June 27, petitioners approached Nagpada Police Station, where they were directed to BMC. The officers at BMC orally assured the petitioners that they would look into the matter on Wednesday morning and that all animals kept inside society premises for slaughtering would be removed. However, three residents brought animals inside the society forcing the petitioners to approach the High Court.
As per the Times Now report, local Muslim residents of the society and the BMC Commissioner held a meeting and took back the decision to slaughter animals on Bakrid. There were around 50 goats tied in the parking of the society. The court has set July 3 as the next date for the hearing.
HC expressed ‘great displeasure’ on the last-minute plea in a related matter
In a related matter, a division bench comprising Justice Gautam Patel and Neela Gokhale directed BMC to consider Hajrat Peer Malik’s petition to slaughter animals on Bakrid at Vishalgad Dargah. The court said, “We make it clear that we are not ourselves directing that the permission is to be granted, and we are not granting that permission ourselves. We are only directing that the application made by the petitioner (Hajrat Peer) is to be considered urgently by the authorities in question.”
The court also expressed displeasure over last-minute petitions. The bench said, “The Justice Patel-led bench disposing of the interim plea said: “At the same time, we express our great displeasure that such applications are repeatedly made at the last minute. Bakrid has been on the calendar for the better part of the year.”
Controversy over bringing goats to society houses for slaughter
On June 27, a controversy erupted in the capital city of Maharashtra concerning a Muslim family living in a Mira Road society in Mumbai. The family purchased two goats one day before Bakrid (Eid-Ul-Adha). However, the residents of Mira road housing society protested and stated that they would not allow any slaughter of animals (the goats) to take place within the society.
Residents of the society on Mira Road protested against the slaughter of goats on Bakrid within their premises. They also chanted Hanuman Chalisa, and some individuals raised “Jai Shree Ram” slogans. Videos of the incident have since gone viral in the media. After the residents protested, the police assured them that no slaughter would take place inside the housing society, and the Muslim couple also said the same.
