B.L.HANSARIA, KULDIP SINGH, S.B.MAJMUDAR
State Of W. B. – Appellant
Versus
Ashutosh Lahiri – Respondent
JUDGMENT
MAJMUDAR, J.:- All these appeals by special leave arise out of the judgment of the Division Bench of Calcutta High Court in Civil Rule No. 709(W) of 1971 decided on 20th August, 1982 (reported in 1982 (2) Cal HN 273). The appellants in these appeals are the State of West Bengal and the other contesting respondents who were before the High Court. 27 respondents herein had filed the writ petition before the Calcutta High Court, challenging the validity of exemption of slaughter of scheduled animal, namely, cows, from the operation of the West Bengal Animal Slaughter Control Act, 1950 (hereinafter referred to as the Act) on Bakri-Idd day. The writ petitioners had obtained leave under Order 1, Rule 8 of the Code of Civil Procedure and joined respondents 7 to 21 representing the Muslim community. The writ petitioners contended before the High Court that the State of West Bengal respondent No. 1 before the High Court had wrongly invoked Section 12 of the Act when it exempted from the operation of the Act, the slaughter of healthy cows on the occasion of Bakri Idd on the ground that such exemption was required to be given for the religious purpose of Muslim community. The Divisio
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