State of Gujarat v/s. Mirzapur Moti Kureshi Kassab Jamat & Others
- Aditi Dubey
- May 24, 2020
Content :
Bombay Animal Preservation (Gujarat Amendment) Act, 1994 was passed to introduce amendment in the Section 5 of the Bombay Animal Preservation Act, 1954. Section 5 permitted the slaughter of bulls and bullocks of above 16 years of age but the amendment deleted the age criterion which absolutely banned the slaughter of any bulls and bullocks irrespective of its age or utility.
The question of the validity of this amendment was raised in the Gujarat High Court through a writ petition filed by three petitioners. The three petitioners were the PF person, President and Joint Secretary of a Trust which dealt with the business of selling and buying bull/bullocks and other animals and selling their meat as permitted by law. The petitioners contended that the amendment is interfering with their fundamental right to carry on business as guaranteed under Article 19(1)(g). On 16-04-1998, the court held this amendment to be ultra vires the Constitution as it imposes unreasonable restriction on the fundamental right of the petitioners.
The matter was moved to the Apex Court challenging the decision of Gujarat High Court through aspecial leave petition. On17-02-2005, the matter was placed in front of three-judges bench but the matter involved questions related to the provisions of the Constitution. So the matter was referred to a Constitutional Bench under Article 145(3) of the Constitution. On “19-07-2005, the matter was further referred to a seven-judges bench because of the existing prior orders of the constitutional benches which might need reconsideration”. Hence prolonging question again came into consideration in the State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat& others.
