No interim relief for petitioners but the court has posted the matter for August 26.

No stay on Centres cattle rules but Kerala HC says petitioners have strong case
news Cattle rules Wednesday, June 07, 2017 - 15:54

The Kerala High Court on Wednesday refused to stay the Centre’s new notification banning the sale and trade of cattle for slaughter at animal markets.  However, observing that the petitioners have a strong case, the High Court posted the matter for August 26, reported Live Law.

Justice PB Suresh Kumar was hearing two writ petitions, one filed by the Kozhikode District Meat Workers Association, and another by Ernakulam MLA Hibi Eden, and a meat shop owner PU Kunju Muhammed. The petitions had challenged the Centre’s new notifications and demanded an interim stay on the rules until the case was disposed.

The petition filed by MLA Hibi Eden and Kochi based meat shop owner Kunju Mohammed had argued that the Centre’s cattle rules violate Articles 14 (equality before law), 19 (personal liberties) and 21 (right to life) of the Indian Constitution. They also pointed out that it infringed upon the rights of state legislatures.

The second petition filed by the Kozhikode District Meat Workers Association points out that the The introduction of Rule 22 of the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 is ultra vires of the parent Act.

On May 31, the Kerala High Court had observed that there was no ban on cattle slaughter and that Centre's rule only prohibits sale of cattle for slaughter in animal markets. Cattle trade, the division bench, observed could be done anywhere else.

The Kerala High Court also expressed surprise at the Madras High Court’s stay on the Centre’s notification. "If people had read the notification properly, there would not have been protests", the court stated.

Read : New rules don't ban cattle slaughter, surprised at Madras HC order: Kerala HC

 

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