Cow slaughter on Bakrid Day is not a part of the Muslim religion and a religious necessity for celebrating Bakrid, and therefore, exemptions granted under Section 12 of the West Bengal Animal Slaughter Control Act, 1950, for cow slaughter on Bakrid Day are not valid.

1. THIS Rule which was obtained by 27 petitioners on a writ petition jointly moved by them was referred to the Division Bench under Rule 1 (i), Chapter ii of the Appellate Side Rules of this Court by a learned single judge because it involves an important point of law. Since the subject matter of challenge in the writ petition is the validity of exemption of slaughter of scheduled animals from the operation of the west Bengal Animal Slaughter Control Act 1950 hereinafter referred to as the said act) on the Bakrid day, the petitioners obtained leave under Order 1 Rule 8 of the code of Civil Procedure and added respondent Nos. 7 to 21 representing the Muslim public.

2. THE said Act was enacted to control slaughter of certain animals, namely, the cows and buffaloes in different species specified in the Schedule to the said Act and its object is "to increase the supply of milk and avoid the wastage of animal power necessary for improvement of agriculture". Section 2 of the said Act provides application of the Act to the animals specified in the Schedule. Section 4 (1) provides not withstanding anything in any other law for the time being in force or in any usage to the contrary, no person shall slaughter any animal unless he has obtained in respect thereof a. certificate under subsection (2)or subsection (3) that the animal is fit for slaughter. Subsections (2) and (3) of section 4 provide that the President of the municipality and the Veterinary Assistant surgeon may jointly issue a certificate of such fitness if the animal is 14 years of age and unfit for work or breeding or if the animal has become permanently incapacitated from work or breeding due to age, injury, deformity or any incurable disease. In the event of any difference of opinion between the President and the Assistant surgeon such certificate can be issued by the veterinary Officer. Section 7 renders contravention of the Act punishable with imprisonment or fine or with both and section 8 makes such offence cognizable. What is important for our present purpose is section 12 of the said Act which reads as follows :

"12. The State Government may, by general or special order and subject to such conditions as it may think fit to impose, exempt from the operation of this Act the slaughter of any animal for any religious, medicinal or research purposes. "

Section 13 empowers the State Government to delegate its powers and functions under section 12 to any officer of the State government and it is not in dispute that the respondent Nos. 2 to 16 are the officers so authorised to exercise the power of exemption under section 12 on behalf of the State government. Section 14 empowers the state Government to make rules to carry out the purposes of this Act and such rules were framed on November 2, 1951 For our present purposes reference need be made to Rule 7 of the Rules so framed which provides as fellows :-

"7. Conditions subject to which exemption may be granted. The previsions of the West Bengal Animal slaughter Control Act, 1950, (West bengal Act. XXII of 1950 ) shall not apply to the slaughter of any animal for religious, medical or research purpose subject to the condition that such slaughter does not affect the religious sentiment of the neighbours of the person or persons performing such slaughter and that the previous permission of the State Government or any officer authorised by it is obtained before the slaughter. "

3. IT is not in dispute that respondent Nos. 2 to 16 acting as the delegate of the State government are granting exemption in respect of cow slaughter every year on the bakrid Day in exercise of power under section 12 of the Act and permission is being given to different members of the Muslim community to slaughter cow on such an occasion overriding the restriction otherwise imposed by the said Act. The 27 petitioners in this writ petition who are Hindu citizens of India and are residents of Calcutta and the neighbouring Districts in West Bengal