V.M. Kanade, J.

1. Since the issue involved in all these Writ Petitions is identical, they can be conveniently heard together.

2. By these Petitions which are filed under Article 226 of the Constitution of India, Petitioners are seeking a declaration that Sections 5D and 9A of the Maharashtra Animal Preservation Act, 1976 as amended by recent Animal Preservation [Amendment] Act, 1995 which was granted assent by the President of India on 26/02/2015 and published in the Government Gazette on 04/03/2015 is unconstitutional and for further direction, directing the Respondents not to take any steps or action on the basis of the impugned provisions of Sections 5D and 9A of the said Act and for interim relief granting stay to the operation of the said provisions pending the hearing and final disposal of these Petitions.

3. Petitioner in Writ Petition (L) No.982 of 2015 is a Senior Advocate practicing in this Court and he being aggrieved by the Amendment Act, 1995 which was brought into force with effect from 04/03/2015 has filed this Petition challenging the said Sections 5D and 9A of the said Act, 1976.

4. The State of Maharashtra enacted the Maharashtra Animal Preservation Act, 1976 which, inter alia, prohibited slaughter of cows and restricted slaughter of other animals such as bulls and bullocks.

5. The State of Maharashtra, thereafter, enacted Animal Preservation (Amendment) Act, 1995. However, it remained on the statute book and the assent was not obtained from the President until 26/02/2015, after which it was published in the Government Gazette on 04/03/2015. Various provisions of the original Act were amended and a total prohibition was sought to be imposed not only on the slaughter of cows but also on bulls and bullocks and a further prohibition has been imposed on slaughtering of these animals in the State of Maharashtra and for sale and consumption of flesh of these animals in the State of Maharashtra. It further has imposed a complete ban under Section 5D on the import of flesh of these animals which are slaughtered outside the State of Maharashtra and sought to be imported in Maharashtra. Further, the said Act also seeks to make the said offence of slaughtering of cows, bulls and bullocks in Maharashtra a punishable offence. It also makes sale of the flesh of these slaughtered animals punishable, including import of such flesh from other States or from other countries in the State of Maharashtra and a person who contravenes Section 5D, if convicted, can be punished with imprisonment for a term which may extend to one year or fine which may extend to Rs 2000/-. The offence is made non-bailable and cognizable.

SUBMISSIONS ON BEHALF OF THE PETITIONRS:

6. Mr. Aspi Chinoy, the learned Senior Counsel appearing on behalf of the Petitioner in Writ Petition (L) No.982 of 2015 has submitted that the original Act viz. the Maharashtra Animal Preservation Act, 1976 was passed in furtherance of Article 48 of the Constitution of India. He submitted that the Amendment Act, 1995 also is in furtherance of the said Article. He made the following submissions:-

7. Firstly, he submitted that the impugned provisions are unconstitutional, ultra vires and void since they infringe fundamental rights of the Petitioner under Articles 21, 14, 29 and also Article 301 of the Constitution of India. He submitted that the ban which is imposed on the import of the flesh of the slaughtered animal is wholly extraneous with the aims and objects of the said Act and also Article 48 of the Constitution of India which speaks for preservation of animals and does not talk about animals which are already slaughtered for consumption and are imported in the State of Maharashtra.

Secondly, Mr. Chinoy, the learned Senior Counsel submitted that the said impugned provisions are unreasonable and nowhere it is stated as to how it is in the public interest or for public purpose.

Thirdly, he submitted that it is extraneous and has no nexus with the protection of cows and