Bombay High Court Permits Animal Sacrifice For Bakri-Eid At Dargah In Kolhapur's Vishalgad Fort

The Bombay High Court on Tuesday (June 3) permitted the sacrifice of animals and birds at a Dargah located within the "protected monument" Vishalgad Fort in Kolhapur district for the forthcoming Bakri-Eid festival on June 7 and the Urs celebrations commencing from June 8.

A vacation court division bench of Justices Dr Neela Gokhale and Firdosh Pooniwalla noted that a detailed order on June 14, 2024, allowing such sacrifice of animals and birds in was allowed in 'a closed and private area' near the Dargah and not in any 'open or public place.'

The judges, therefore, said that the last year's order will be applicable even this year along with the conditions imposed in it. 

"Considering the fact that a coordinate bench has passed an order on June 14, 2024, has already dealt with the issue and has permitted the prayer A (sacrifice of animals), the same shall continue during the forthcoming festival of Bakri-Eid which is on June 7 and the Urs from June 8 to June 12. Needless to State that the same conditions which have been imposed in the June 14 order, shall apply to the present interim application," the bench said in the order. 

This order will also apply to the devotees of the Dargah to sacrifice the animals during the said festivals, the judges clarified, adding, "The conditions imposed in the June 14, 2024 order, shall be complied with strictly."

Notably, in 2023, the Hajrat Peer Malik Rehan Mira Saheb Dargah, Vishalgad had filed a petition challenging various communications issued by the Director of Archaeology and Museums, Bombay, as well as the Superintendent of Police, Kolhapur and the Chief Executive Officer Zilla Parishad, Kolhapur, by which a ban on slaughtering of animals and birds at Vishalgad was imposed. 

The justification for the alleged ban in these communications was that slaughtering of animals has been taking place in the Vishalgad "protected monument," and as per Rule 8 (c) of the Maharashtra Ancient Monuments and Archaeological Sites and Remains Rules, 1962, there is prohibition to cook and consume food in the premises of a protected monument. Slaughtering of animals is a part of the process of cooking food and, therefore, the same is prohibited.

The authorities had further relied on the July 23, 1998 judgment passed by the Aurangabad bench of the Bombay High Court which had strictly prohibited the slaughter of animals and birds in the name of God and Goddesses at any public place. 

However, in the June 14, 2024 order, the bench led by Justice Burgess Colabawalla had quashed the said communications and allowed the sacrifice of animals. 

During the hearing of the interim application on Tuesday, advocate Satish Talekar appearing for the Dargah, pointed out that the police authorities have not been permitting people to enter the village between 5 PM and 10 AM.

However, Justice Gokhale remarked, "No the conditions as imposed in the June 2024 order, will apply this year also and will have to be complied with strictly."

Other disputes, if any, the judges said can be dealt with by the regular bench after the summer break.