The Gauhati High Court has issued notice on a petition challenging “complete ban” on business of selling beef in Assam’s Sonari Municipal area, reported LiveLaw. Notice was issued by a single-judge bench of Justice Sanjay Kumar Medhi who has to decide whether the Assam Cattle Preservation Act, 2021 contemplates an absolute beef ban or whether the Municipal Corporation is obliged to allot an appropriate site to carry out such business.
The petition has challenged a notice dated June 30, 2022, issued by the Executive Officer, Sonari Municipal Board which completely prohibits the business of selling of beef from July 15, 2022, under Section 8 of the Assam Cattle Preservation Act, 2021. As reported by LiveLaw, the counsel for the petitioners argued that the Act does not contemplate a complete ban as that would amount to infringement of the fundamental right to carry out business. According to the petitioners, the Act prescribes procedure and formalities which include allotment of an appropriate site to carry out business.
The petition reportedly questioned the competence of the Executive Officer in issuing the impugned notice, on the ground that the Act has prescribed the government to appoint an appropriate authority, which had not been done in the present case.
The Court has directed the State Counsel to obtain instructions from the Government of Assam and present them on July 25, 2022, and to include steps/measures taken to ensure that the petitioners can carry out their business, as per Act.
The order maybe read here:
Readers would recall that the Assam Cattle Preservation Bill was passed in the State Assembly last August amidst an Opposition walkout and chants of ‘Jai Shree Ram’. The bill states that sale and purchase of beef cannot be carried out in a 5 km radius of a temple as well as in areas inhabited by non-beef eating communities like Hindus, Jains etc. The law prescribes a penalty of imprisonment up to 8 years and/or fine up to 5 lakh for contravening the provisions of the law.
Related:
Assam Cattle Preservation Bill passed in Assembly amidst Oppn walkout and chants
No beef within 5 kms of temples: Assam’s new cow protection bill