The Court emphasized the need for due publicity of the restrictions on animal slaughter through audio-visual media and clarified that the order dated 26.02.2021 did not supersede or affect the validity of the previous orders.

JUDGMENT

Rai Chattopadhyay, J. - The writ petitioner has filed the present application for recalling of the earlier order of this Court dated 26.02.2021 passed in WPO 372 of 2019 (Rajyashree Chudhuri vs. The State of West Bengal & Ors.)

2. Records reveal that by dint of the order dated 27.04.2022 this Court directed, on the prayer made on behalf of the writ petitioner/applicant that, the present application should be treated as one for modification and/or clarification of the aforesaid order dated 26.02.2021 passed in WPO 372 of 2019.

3. It is further revealed that the substance of the writ petition which was disposed of vide the aforesaid order dated 26.02.2021, was the grievance of the petitioner regarding indiscriminate, uncontrolled, unauthorized, large scale slaughtering of cattle including cows during the festival of Bakri-Eid, without adhering to the laws laid down by the legislature and the courts including the Hon'ble Supreme Court.

4. In the application, the applicant has stated inter alia that in the judgment and order dated 26.02.2021, the main issue in the writ petition has not been taken into consideration and the previous orders of this Court as well as of the Apex Court in connection with the same subject matter were not followed. The applicant has further contended that the order dated 26.02.2021 in fact has rendered the previous orders passed by this Court as well as the Hon'ble Apex Court on the subject matter and also the provisions of West Bengal Animal Slaughter (Control) Act, 1950, nugatory or otiose. On such grounds the application was taken out by the writ petitioner/appellant to pray for the relief that the judgment and order dated 26.02.2021 in WPO 372 of 2019 be recalled and/or set aside.

5. It is profitable to mention in a nutshell the relevant orders with which this writ petitions/modification application may have some concern.

6. In W.P No.328 of 2018 by dint of order dated 16.08.2018, this Court held as follows:-

'The members of the public need to be made aware of the restrictions on slaughter of animals and the consequence that they are likely to face if they violate the provisions of the said Statute. Public advertisement that was issued in the newspapers last year for implementing this Court's order dated 1st September, 2017 was, in our opinion, not at all informative and did not serve the purpose for which such notification had been directed to be made. Hence, we indicate below certain points which must be highlighted in the public notice to be issued by the state respondents this year prior to celebration of 'Id-Ud-Zoha' (Bakri Id) :-

a) No person shall slaughter any animal thereby meaning (Bulls, Bullocks, Cows, Calves, Male and Female Buffalos, Buffalo Calves and Castrated Buffalos) unless he has obtained in respect thereof a certificate that the animal is fit for slaughter;

b) The Chairman of a Municipality or the Sabhapati of a Panchayat Samity and a Vetrinary Surgeon may issue a joint certificate 4 regarding fitness of an animal for slaughter, if they are both of the opinion to be recorded in writing that the animal is over 14 years of age for work or breeding or the animal has become permanently incapacitated due to age, injury, deformity or any incurable disease.

c) In case of refusal to issue such certificate, the aggrieved person may prefer an appeal to the State Government within 15 days of communication of such refusal.

d) An animal, in respect of which a certificate has been issued, shall be slaughtered only in a Municipal Slaughter House or any other Slaughter House identified by the local administration.

e) Nobody shall resist inspection of any premises by a person authorized by the Chairman of a Municipality or the Sabhapati of a Panchayat Samity as the case may be or the Veterinary Surgeon for implementing the provisions of the West Bengal Animal Slaughter Control Act, 1950.

f) Whoever contravenes any of the above provisions of law, shall be punishable with imprisonment for upto six mont