Supreme Court Refuses Urgent Hearing For Plea Against Animal Sacrifice At Dargah In Maharashtra's Vishalgad Fort On Bakri Eid

The Supreme Court on Friday(June 6) refused an urgent hearing for a petition filed against an order passed by the Bombay High Court allowing animal sacrifice to be carried out in a Dargah at the Vishalgad Fort in Kolhapur on the occasion of Bakri-Eid tomorrow.

The petitioner's counsel, saying that Vishalgad Fort was a "protected monument", mentioned before a bench comprising Justice Sanjay Karol and Justice Satish Chandra Sharma the petition filed against the High Court's order passed on June 3, requesting an urgent hearing today itself, as Eid is falling tomorrow.  The counsel said that the High Court also allowed animal sacrifice to be held for the Urus from June 8 to June 12.

"In protected monuments, so many religious activities are going on," Justice Karol. The counsel submitted that there is a specific notification by the State of Maharashtra notifying this as a protected monument.

The counsel acknowledged that the High Court had passed a similar order last year as well, permitting animal slaughter to be conducted within enclosed premises. Similar condition has been imposed this year as well, he added.

Justice Karol questioned what the urgency was of the matter, especially when the High Court has imposed restrictions. "It will be like last year only. We are sure High Court has considered this," Justice Karol said.

"I am telling you, be it of any religion or faith, in a protected monument, so many activities are going on," Justice Karol said. The counsel then submitted that last year, there was a huge law and order situation.

Justice Karol pointed out that as the Chief Justice of the Tripura High Court, he had passed an order banning animal sacrifice. However, the said order was modified by the Supreme Court, allowing sacrifice to be conducted within enclosed premises.

"Gentleman, let me tell you. Sitting in Tripura, I had banned animal slaughter there. This court modified the matter to say, it will be carried out in enclosed premises," Justice Karol said.

The counsel requested for a listing at least next week. "What is the urgency? The matter will be infructuous anyhow," Justice Karol said.

On June 3,  vacation bench of  the High Court comprising Justices Dr Neela Gokhale and Firdosh Pooniwalla noted that a detailed order on June 14, 2024, sacrifice of animals and birds 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.