Terming it as ‘misconceived’, Delhi HC dismisses plea seeking beef ban in Delhi

In spite of Saffron Swami’s impassioned plea for protecting the ‘sentiments of many people’, the Delhi High Court today dismissed a petition filed by Swami Satyananda Chakradhari that sought to prohibit cow slaughter and sale of beef products in the national capital..Chakradhari, who calls himself a monk, was present in Court today while the matter was called out in the Chief Justice’s Court. Swathed in a saffron and white attire, Chakradhari evoked many amusing glances when his lawyer submitted that a large number of people’s sentiments were attached to the animal. The counsel also invited the Court’s attention to a recent judgment of the Himachal Pradesh High Court which had held that as per Article 51A(g) of the Constitution, the Union should enact a law restricting sale of beef products..The Division Bench of Chief Justice G Rohini & Justice Jayant Nath however, was not convinced. Justice Nath told the Petitioner’s counsel,.“We cannot issue a writ to the Parliament, directing it to make a statute. Do not make foreign submissions.”.Appearing for the Delhi Government, Additional Standing Counsel Sanjoy Ghose argued that Delhi was already governed by a law which prohibited slaughter. Referring to the Delhi Agricultural Cattle Preservation Act 1994, Ghose submitted,.“Section 4 of the Act prohibits slaughter. Also, Delhi presently has five cow shelters which can house 23, 000 cows but are only housing 10, 000 cows and cattle at present. If the Petitioner so wishes, he can send his cattle and we will accommodate him. My learned friend has not done due diligence in the matter and this is, as the Supreme Court says, a ‘publicity interest litigation’ that ought to be dismissed with exemplary costs.” .When the Bench chided Chakradhari’s lawyer for ‘not doing his homework on the brief’, he responded by highlighting that Kerala House had beef on its menu and therefore, the said Act was being expressly violated..While the Bench dismissed the contention saying that it was not a prayer made in the petition, Ghose retorted by telling the lawyer that he should go eat at Andhra Bhawan instead as it serves ‘better food.’.The PIL that had also sought directions from the Court to set up a ‘Gokul Gram’ on the state government’s land thereby enabling rehabilitation of old cows and cattle, was then dismissed by the Bench. The Bench said in its order that since Delhi has a law governing cattle slaughter, the plea itself is misconceived and therefore, is dismissed.