The duty to have compassion for living creatures and the need for effective implementation of laws prohibiting cow slaughter.

S.S. Saron, J.

1. The petitioner by way of the present petition under Article 226 of the Constitution of India has made the following substantive prayers :-

(i) a writ, in the nature of mandamus directing the respondents to stop illegal transportation of animals in one State other (sic. - to another) State for slaughtering and further directing the respondents to take legal action against erring officers who in collusion with the beneficiaries illegally allow to transport the animals, which is not permissible under the law.

(ii) Any other appropriate writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2. The petitioner submitted that she wanted to show some facts regarding the condition of speechless innocent animals and how the Haryana Government was involved in cow slaughtering and earning huge amounts of bribe from slaughter houses and thereby breaking the law. Some facts that have been stated are as to what is this Court doing regarding the cow slaughtering act. A reference is made to Section 429 of the Indian Penal Code. Besides, other facts are mentioned like present situation of cow smuggling crimes; cruelty done by those smuggling cows to the animals; no proper legal action being taken on those smuggling cows; deficits in law implementation in cases of cow slaughters; no proper action being taken in cases of buffaloes; deficits in implementation of law in cases of buffaloes and Haryana State Government involved in 'Gau Taskari'.

3. The petitioner has levelled allegations of smuggling of animals, illegal and improper slaughtering of animals, ill-treatment of animals and non-implementation of law relating to animals; besides, has prayed for taking legal action against erring officers who in collusion with the beneficiaries illegally allow transportation of animals, stating the same to be impermissible in law. The allegations as made, however, are general in nature and no specific instances or places where the same are being carried out have been mentioned.

4. The petitioner was earlier appearing in person and had been appearing from time to time. During the pendency of the petition, a letter was received from the petitioner by a co-ordinate bench of this Court. In view of the said letter, this Court passed the following order on 18.11.2015:-

“We have received a letter from the petitioner stating therein that she is not interested to pursue this petition. In this view of the matter, Ms. Divya Sharma, Advocate, who is present in the Court, is appointed as amicus curiae to assist this Court on behalf of the petitioner. Registry is directed to supply complete copy of the paper-book to Ms. Divya Sharma, Advocate, amicus curiae.

Adjourned to January 18, 2016.”

5. The petitioner had stated that she was not interested in pursuing this petition. In view of the aforesaid position, Ms. Divya Sharma, Advocate was appointed as amicus curiae to assist the Court on behalf of the petitioner. Complete copy of the paper-book was ordered to be supplied by the Registry to her.

6. Ms. Divya Sharma, Advocate has submitted that the petitioner has been harassing her by sending indecent and improper messages. The manner in which the petitioner after she had withdrawn from the case and thereafter harassing the learned counsel who has been appointed as amicus curiae by this Court is improper and reprehensible. She has further submitted that 'The Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 ('Act' - for short) has been enacted by the Haryana Legislature which was notified on 19.11.2015 and the said Act deals with the issue of ill-treatment and slaughter of cows. However, it is submitted that its effective and meaningful implementation in true spirit of the directive principles of the State policy would be required so that the Constitutional goals can be achieved. It is submitted that mechanism may be provided for effective implementation of the Act.

7. The questions involve