Rajasthan High Court, Jaipur Bench
Honble R.M. LODHA, J. Honble MOHAMMAD RAFIQ, J.
Goverdhan Das Keswani - Appellant
Versus
State of Rajasthan & Ors. - Respondents
D.B. Civil Writ Petition No. 948 of 2005
Decided On : July 18, 2007
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(2). The following prayers have been made.
"(i) Direct the respondents to stop slaughtering, migration, export and transportation of cows, calves and other milch and drought cattle immediately;
(ii) Direct the respondents to take action against the policy personnels who tried to suppress/destroy the evidence in slaughtering of such animals.
(iii) To recommend the state for minimum sentence of 10 years rigorous imprisonment and fine of Rs. 1]00]000/- instead of minimum sentence of 1 year rigorous imprisonment and fine as provided under Section 10 of the Act of 1995 and the vehicle involved in such cases should not be released so lightly, rather it should be dealt with as releasing the vehicle in Forest Act.
(iv) Any other appropriate writ, order or direction which your Lordships may deem fit and proper in the facts and circumstances may also kindly be passed in favour of the petitioner and against the respondents.
(v) Cost of the writ petition may kindly be passed in favour of the petitioner and against the respondents."
(3). According to the petitioner, due to leniency of law enforcing agency and/or deliberate inaction or connivance of the police authorities, the slaughtering of bovine animals has been flourishing in the State of Rajasthan and particularly, Alwar and Bharatpur districts. It is stated that slaughtering of cows is on peak in the village Jurhara, Pahari, Gopalgarh, Seekari area of District Bharatpur and the village Tijara, Kishangarhbas, Tapukara, Kot Kasim, Nau Geon, Mubarakpur, Padasli, Rajgarh, Sakka Ka Bas, Andha Ka Beehar and Beehar of Ramgarh in Alwar district. The petitioner has alleged that due to slaughtering of cows, bulls, bullocks and calves, `deshi breed has decreased and that no effective steps for implementation of the Rajasthan Bovind Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act,1995 (for short, `Act of 1975) are in place.
(4). The respondents have filed their reply. The importance and utility of the cow stock is not denied. It is also admitted that illegal transportation of cow stock and other animals takes place in Mewat area (Alwar and Bharatpur districts). However, the respondents have denied any deliberate inaction or connivance of the state functionaries in the illegal act. On the other hand, the respondents have claimed that the concerned authorities of police have been taking every possible measure for implementation of the aforesaid Act of 1995 and that for the period between 1995 to 2006 about 400 criminal cases have been registered in the district of Alwar and in most of them challans have been filed and more than 200 criminal cases have been registered in the District of Bharatpur during the period from 1995 to 2004 and in 175 cases challans have been filed. In additional affidavit filed on 12-7-2007, pursuant to the order dated 18-5-2007, the status of all these cases has been given.
(5). The Act of 1995 was enacted to provide for prohibition of slaughter of cow and its progeny and also to regulate temporary migration or export from Rajasthan. Earlier Rajasthan Preservation of Certain Animals Act,1950 (Act 4 of 1950) which prohibited killing of cow and its progeny, was in existence but that was found inadequate. The transportation of large number of cows, bulls, bullocks and calves had been recurrent famine and scarcity conditions in the State. It was for these reasons and in furtherance of the directive principles of the State Policy contained in Article 48 of the Constitution of India, the State legislature decided to act and brought a fresh law in the year 1995 in the interest of general public.
(6). Section 3 of the Act of 1995 prohibits slaughter of bovine animal while Section 4 prohibits possession, sale or transport of beef products. These sections r
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