Bombay High Court Upholds BMC’s Permission for Animal Slaughter During Bakri Eid

Mumbai – In a significant ruling on Thursday, the Bombay High Court refused to stay the Brihanmumbai Municipal Corporation’s (BMC) permission for animal slaughter at 67 private shops and 47 municipal markets during Bakri Eid. The court noted procedural lapses by the petitioners, who had not followed the required legal steps for seeking interim relief.

Legal Proceedings:

A division bench comprising Justices MS Sonak and Kamal Khata reviewed petitions challenging the BMC’s May 29 communication, which permitted slaughtering activities outside the Deonar abattoir for three days around the festival. The petitioners argued that this allowance contradicted BMC’s existing policies, which prohibit slaughtering in public places such as bus stops and airports, and do not include mutton shops.

Arguments Presented:

The petitioners’ advocates contended that BMC’s policy requires a 30-day notice period for such permissions, making the May 29 communication non-compliant with BMC guidelines. They emphasized that permitting slaughtering at mutton shops was not aligned with the policy.

In defense, BMC advocate Milind Sathe argued that these applications are typically made just before festivals, leading to pending petitions throughout the year. Sathe highlighted that the BMC’s permission was limited to 67 private shops and 47 municipal markets for the specific dates of June 17, 18, and 19. He also pointed out that similar permissions had been granted in the past without any legal challenges.

Court’s Observations:

The court noted that the petitioners sought interim relief through a precipie rather than a formal plea, questioning the appropriateness of this method in a pending case. The bench stated, “We are not sure if this is the appropriate way to seek interim relief in a pending case.”

Given the procedural shortcomings and the limited scope of the BMC’s permissions, the court decided not to stay the BMC’s decision.

Implications:

This ruling allows the permitted slaughter activities to proceed as planned during Bakri Eid, maintaining the BMC’s current arrangements for the festival. It underscores the importance of adhering to procedural requirements when seeking legal relief and clarifies the court’s stance on municipal permissions related to religious practices.

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