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2008 Supreme(Raj) 374
(Supreme Court)
Honble H.K. SEMA, J. Honble MARKANDEY KATJU, J.
Hinsa Virodhak Sangh - Appellant
Versus
Mirzapur Moti Kuresh Jamat & Ors. - Respondents
Civil Appeal No. 5469 of 2005
Decided On : March 14, 2008
Soli J. Sorabjee, P.H. Parekh, U.N. Bhachawat, T.R. Andhyarujina, Suresh Shelat, Sr. Advocates, E.R. Kumar, Ashok Jain, Ardhendumauli Kumar Prasad, Ajay Jha, Arjun Garg, Shubhranshu Padhi, Somnadri Gaud (for Parekh & Co.), Anip Sachthey, Mohit Paul, Alok
Headnote:(a) Constitution of India, Art. 19(1)(g)(6), 14 and 21 read with Bombay Provincial Municipal Corporation Act, 1949, Sec. 466 – Municipal resolution directing closure of municipal slaughter houses for 9 days during religious festival of Jains – Whether restriction on right to trade? – Held – Do not violate Art. 19(1)(g) and 21 as the restriction imposed is reasonable – It is not an excessive restriction, since such closure has been observed for many years.
(Paras 34 & 35)
¼d½ Hkkjr dk lafo/kku] vuqPNsn 19¼1½¼g½¼c½] 14 ,oa 21 lifBr cEcbZ izksnfkd uxj fuxe vf/kfu;e] 1949] /kkjk 466 & tSu /kkfeZd ioZ ds nkSjku 9 fnu rd uxj ikfydk dRYk[kkuksa dks can djus ds funsZk nsus ckcr uxj ikfydk dk izLrko &Dk ;g O;kikj ds vf/kdkj ij fucZU/ku gS \ vfHkfu/kkZfjr & vuqPNsn 19¼1½ ¼g½ ,oa 21 dk mYya?ku ugha djrs D;ksafd vf/kjksfir fd;k x;k fucZU/ku rdZ laxr gS & ;g dksbZ vR;f/kd fucZU/ku ugha gS D;ksafd ,slh cUnh dbZ o"kksZ rd j[kh xbZ gSA ¼in la[;k 34 o 35½
(b) Constitution of India, Art. 226 and Bombay Provincial Municipal Corporation Act, 1949, Sec. 466 – Resolutions made u/Sec. 466(1)(d)(b) is a piece of delegated legislation – Judicial review – By resolution directing closure of slaughter houses for 9 days is a piece of delegated legislation – Limitation on it is that it should not violate provisions of parent statute or of Constitution – Held – The impugned resolutions of the Corporation do not violate the parent statute or any constitutional provisions.(Paras 36 to 39) Appeals allowed.
¼[k½ Hkkjr dk lafo/kku] vuqPNsn 246] 226 ,oa cEcbZ izknsfkd uxj fuxe vf/kfu;e] 1949] /kkjk 466 & /kkjk 466¼1½¼d)¼b) ds rgr fd;k x;k izLrko izR;k;ksftr fo/kku dk ,d vak gS & U;kf;d iqufoZyksdu & ukS fnu ds fy, dRy[kkuksa dks can djus gsrq funsZk nsus dk izLrko izR;k;ksftr fo/kku dk gh ,d vak gS & bl ij ifjlhek ;g gS fd blls ewy fo/kku ;k lafo/kku ds izko/kkuksa dk mYya?ku ugha gksuk pkfg;s & vfHkfu/kkZfjr & fuxe ds vk{ksfir izLrko ewy fo/kku ;k fdlh laoS/kkfud izko/kkuksa dk mYya?ku ugha djrsA vihy Lohdkj dhA ¼in la[;k 36 ls 39½
This appeal by special leave has been filed against the impugned judgment dated 22.6.2005 of the Division Bench of the Gujarat High Court in Special Civil Application No. 6329 of 1998.
(2). Heard learned counsel for the parties and perused the record.
(3). Respondent No. 1 claims to be a registered public charitable trust working for safeguarding the interests of the persons engaged in the business of slaughter and sale of livestock, mutton etc. It is alleged that it is functioning in the city of Ahmedabad in Gujarat since 1962 and has about 3000 members. Respondent No. 2 All Ahmedabad (Chhoti Jamat) Mutton Merchant Association is an association of persons who are engaged in the sale of mutton in the city of Ahmedabad. Respondent No.3 is an individual who is doing the business of selling mutton in the city of Ahmedabad.
(4). The common grievance of the respondents herein (the writ petitioners before the High Court), is that with a view to appease the Jain community the State Government and the Ahmedabad Municipal Corporation (in short the Corporation) have, from time to time, taken decisions/passed resolutions for closure of the municipal slaughter houses in Ahmedabad during the period of the Paryushan festival (which is an important Jain festival) resulting in serious violation of their fundamental right to trade and do business in meat etc. They have alleged that in the year 1993, the State Government accepted the demand of some organizations belonging to the Jain community for closure of the municipal slaughter houses during the period of Paryushan and issued directions to the Corporation to take appropriate action accordingly. In subsequent years, the Corporation passed resolutions for closure of the municipal slaughter houses for different period ranging from 8 to 18 days during the Paryushan festival.
(5). They have alleged that the closure of the municipal slaughter houses directly results in violation of their fundamental rights to do trade and business as guaranteed by Article 19(1)(g) of the Constitution and it cannot be said to be a reasonable restriction merely because a particular community or a section of the society feels that for a particular period there should be closure of the municipal slaughter houses as that will be in consonance with the Jain ideology of Ahinsa (non-violence).
(6). There were two resolutions impugned in the writ petition passed by the Standing Committee of the Municipal Corporation for closure of the municipal slaughter houses in Ahmedabad during the Paryushan festival. These resolutions read as follows:
"Resolution dated 14.8.1998:
Resolved that during the current year from 19.8.1998, Mhah Paryushan Parv of Jain Religion begins. Every year during Paryushan Parv, the slaughter houses of this Municipality are closes. Accordingly, having regard to the sentiments of the citizens of Jain Religion, during the current year also, on account of Paryushan Parv from 19.8.1998 to 26.8.1998, and as per the discussion in the Committee, sanction should be obtained from the Municipal Corporation, to close Municipal slaughter houses every year, for eight days, during Paryushan Parv.
Resolution dated 29.8.1999:
Resolved that as demanded by Shree Arihant Seva Samaj and All Gujarat Digambar Jain Samaj, Ahmedabad, in anticipation of the sanction of the Municipal Corporation, sanction is granted to close the Municipal slaughter house for the period 27.8.1998 to 5.9.1998 of Digambar Jain Society Paryushan Parv from 27.8.1998 to 5.9.1998; and as per the discussion in the Committee, hereafter every year, to close the municipal slaughter houses, for ten days of Digambar Jain Samaj Paryushan Parv."
(7). Thus it appears that the closure of slaughter houses in Ahmedabad was ordered by the Corporation for a period of 18 days, first from 19.8.1998 to 26.8.1998 in connection with the festival of the Shvetamber sect of the Jain community and the other from 27.8.1998 to 5.9.1998 during w
