The Supreme Court on Tuesday refused to entertain a plea challenging the Delhi High Court verdict dismissing a petition which sought a direction to the authorities to ensure no cattle markets are held in the national capital without obtaining prior permission on the occasion of Bakra-Eid.
After a bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia showed its disinclination to entertain the plea, the petitioner sought its permission to withdraw it, saying he wanted to file a review petition before the high court.
“That is something for him (petitioner) to do. Dismissed as withdrawn,” the bench said.
The petitioner, Ajay Gautam, had challenged the high court’s July 3 order which dismissed his plea.
In his plea before the high court, Gautam had sought a direction to the authorities concerned to strictly enforce the provisions contained in a May 2017 notification issued by the Ministry of Environment, Forest & Climate Change on the occasion of Bakra-Eid which was scheduled to be celebrated in June.
He had also sought a direction for ensuring that no cattle markets are held in Delhi without obtaining the prior permission of the competent authorities as stipulated in the relevant rules for Bakra-Eid celebrations.
During the hearing before the apex court, Gautam told the bench the high court had dismissed his plea saying he had not made out any specific case or cited any particular instance where the rules were violated.
The bench said the photographs the petitioner placed before the high court did not show any animal sacrifice being performed.
“Slaughtering must be done in designated places,” it said.
“Is it for the highest court now to see what is happening in Delhi, in a particular area ?” the apex court asked, adding these are local issues.
Gautam said he is not touching upon any religious issue but talking about enforcement of rules which are in place.
When he urged the bench to issue notice on his plea, the bench said dismissively, “This court can’t be monitoring everything which goes on in every part of the country.”
He then urged the court to grant him the liberty to approach the high court with a review petition.
In its order, the high court had said, “It is needless to state that the state government will adhere to the notification dated May 23, 2017 issued by the Ministry of Environment, Forest & Climate Change by which Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 were brought into force.”
It had noted that the Rules mandate registration of the existing animal markets and lay down the procedure for establishment of the new ones, elaborate on the functions of the district animal market monitoring committee, and also prohibit practices that are cruel and harmful to animals.
“Therefore, the present Writ Petition cannot be entertained. However, it is always open for the Petitioner to approach this Court by showing specific instances of violation of the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017,” it had said, adding no specific case was highlighted in the petition.