SC refuses to urgently hear plea against order allowing animal slaughter for Eid-ul-Azha at 'dargah'
The Supreme Court on Friday refused to accord urgent hearing on a plea challenging the Bombay High Court order which permitted animal slaughter for Eid-ul-Azha and Urs at a 'dargah' at Vishalgad fort in
Maharashtra
's Kolhapur district.
The fort is a protected monument, citing which the authorities had prohibited slaughtering of animals and birds on the premises.
The plea challenging the high court's June 3 order was mentioned for urgent listing before a bench of Justices Sanjay Karol and Satish Chandra Sharma.
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"Tomorrow,
Bakri Eid
is there and in a protected monument, Vishalgad, in Maharashtra, the high court has permitted slaughter," the counsel, who mentioned the matter, said.
He said the high court has allowed animal slaughter in the protected monument area also for Urs till June 12.
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"In protected monuments, so many religious activities are going on," the bench observed.
The lawyer claimed there was a specific notification of the state of Maharashtra which said animals cannot be slaughtered in the protected area.
He said last year, animal slaughter within enclosed premises was permitted by the high court.
The counsel said the high court has said in its order that restrictions which were there last year, would apply this year also.
"Be it of any religion or faith, in a protected monument, so many activities are going on," the bench observed.
"Let me tell you, sitting in Tripura (high court), I had banned animal slaughter there and then this court modified the order to say, in an enclosed place it would be carried out," Justice Karol said.
The counsel then urged the bench to list the matter for hearing next week.
"What is the urgency? The matter would be
infructuous
," the bench observed.
A vacation bench of the high court had heard an application by Hazrat Peer
Malik Rehan Dargah Trust
, seeking permission for slaughtering animals.
The high court had permitted animal slaughter for Eid-ul-Azha to be celebrated on June 7 and the four-day Urs (fair) to be held from June 8 to 12 at the 'dargah' at Vishalgad fort.
It had said the order shall extend not just to the 'dargah' trust but to other devotees too.
The high court had said similar permission was granted last year too.
It had added that conditions imposed last year like carrying out the animal slaughter only in private and enclosed space specifically at Gate No. 19, which is privately-owned by Mubarak Usman Mujawar, and not in public areas, shall apply this year too.
The Deputy Director of
Archaeology
had prohibited animal sacrifice at the fort, citing the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act.
The trust argued that the sacrifice was an "age-old practice" conducted on private land 1.4 km away from the fort, and that the meat was distributed to pilgrims and villagers nearby.
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