No HC relief to Jains seeking ban on slaughter for all of Paryushan Parv
"For that there has to be a basis in law. Show us which law says we must close it for 10 days," said Chief Justice Alok Aradhe and Justice Sandeep Marne.
On July 7, HC had directed BMC to reconsider its Aug 2024 decision to close for a day. Four trusts challenged the BMC commissioner's Aug 14 order that directed slaughterhouses to close on two days - Aug 24 and 27 (also being Ganesh Chaturthi).
Their advocates said the decision, the same as last year, took irrelevant matters into account. Advocate Abhinav Chandrachud said it did not consider that the population of Jains in
Maharashtra
and Mumbai is more than in Gujarat and Ahmedabad. It refers to fish and eggs when ban is sought on slaughter for meat.
Chandrachud cited the Supreme Court's 2008 decision that upheld 9 day-closure. The judges said there is no legislative mandate, policy or legally enforceable right that slaughterhouses must close. Chandrachud said a statutory authority vested with discretion has to exercise it based on relevant material.
The judges said whether it is wrongly decided on irrelevant material and exhibits non-application of mind, still that is a case for setting aside or quashing.
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The petitioners seek closure for all days. "We want to know where that right flows from?" the CJ asked. Chandrachud replied it was from Article 51(A) (g), "that we must have compassion for all living creatures."
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Justice Marne said the BMC chief noted the population of Jains is less compared to other communities and it is "subjective satisfaction reached" by him. Senior advocate Prasad Dhakephalkar said BMC should have considered vegetarian and non-vegetarian population because a large population in Mumbai is vegetarian.
"They have considered the entire population as if the entire Mumbai is non-veg," he said, adding that due to Shravan, "half of them don't eat non-veg.
"
BMC's advocate Oorja Dhond said the commissioner considered petitioners' representations and SC decision. The order said "Deonar supplies not only to Mumbai city but also MMR." The judges said the state and BMC will have to be heard and posted the hearing after two weeks.
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