The court emphasized the executive's authority in deciding the number of animals permitted to be slaughtered and highlighted the importance of public health concerns over religious interests.

JUDGMENT

G.S.KULKARNI,J. - Since common questions are involved, these two PIL petitions are disposed of by this common order.

2. The prayer in PIL(L) No. 15363 of 2021 reads as under:-

(a) That this Hon'ble Court be please to issue appropriate writ, order and direction directing the Respondents jointly and severally to frame the guideline for sacrificing of the permissible cattle at Deonar Abattoir, at Govandi (W), Mumbai - 400 043 on the auspicious occasion of Bakra-Eid which is scheduled to be held on 21/07/2021 to 23/07/2021 ensuring all the protocols in consonance with COVID-19 break in chain and maximum opportunity of short time job and ensure facility to the farmer and small traders to bringing their cattle at Deonar Abatoir.

The prayer in PIL(L) No. 15470 of 2021 reads as under: -

(a) That this Hon'ble court be pleased to issue appropriate writ, order and direction directing the Respondents jointly and severally to make available the available place at Deonar Abbattoir (Govandi (West), Mumbai - 400043) for the sacrifice of Water Buffaloes on the auspicious occasion of Bakra-Eid which is scheduled to be held on 21/07/2021 to 23/07/2021.

3. At the out-set, Mr. Sakhare, learned senior advocate appearing for the Municipal Corporation of Greater Mumbai, has placed before us a circular dated July 19, 2021, issued by the General Manager, Devnar Slaughter House to regulate activities, programmes and festivities at such slaughter house connected with Bakri-Eid to be celebrated between July 21 and 23, 2021.

4. It appears from such circular that the relevant slaughter house would be open on the aforesaid days between 6 a.m. and 6 p.m., and that the maximum number of buffaloes permitted to be slaughtered would be 300 per day. The circular also provides for other measures to be adopted to maintain COVID appropriate behavior at the slaughter house by all concerned.

5. According to Mr. Sakhare, the number of buffaloes permitted to be slaughtered last year was 50; however, since the prevailing situation is better than last year, the number has been increased to 300. He also submits that bearing in mind that COVID is yet to be eradicated, the Corporation has kept interests of public health in mind while preparing the guidelines to be adhered to during the celebrations.

6. In our considered opinion, with the issuance of the aforesaid circular dated July 19, 2021, the primary grievance with which the writ jurisdiction of this Court was invoked by the two sets of petitioners stands redressed.

7. However, Mr. Siddiquie, learned advocate appearing for the petitioners in PIL(L) No. 15363 of 2021 contends that the decision to permit slaughtering of 300 buffaloes per day is inadequate and that the figure should be increased to 700 per day.

8. Appearing in support of PIL(L) No. 15470 of 2021, Mr. Nizam, learned advocate submits that since no cap was earlier fixed for purchase, purchases of thousands of animals have been made online by people; hence, appropriate directions ought to be given to allow slaughters over and above what has been fixed.

9. We are afraid, number of animals that would be permitted to be slaughtered is entirely a decision within the executive domain and the Court by a judicial fiat, in exercise of judicial review powers in cases like the present, cannot grant any relief of the nature sought for on behalf of the petitioners by Mr. Siddiquie and Mr. Nizam. As the recital would show, the circular has been issued keeping in mind the Disaster Management Act, 2005 as well as the Epidemic Diseases Act, 1897 and the prevailing circumstances of the pandemic. We need to once again remind all and sundry that COVID is yet to be a thing of the past and when health issues are at stake and the administration has been toiling hard to keep every human alive, religious interests have to yield to larger public interests.

10. In such circumstances, these two PIL petitions stand disposed of with direction upon all concerned to abide by the terms