Allowed

Abdul Qaiyum v. Union of India and Ors.

Calcutta HC8 Jun 2022WPA/8747/2022

Case brief

AI extract

What is this about?

Responding to a claim of arbitrary denial of permission for the traditional "Goat Bazar" on Bakr-e-eid, the Single Judge cancelled the Commissioner of Police's 2021 refusal order, directing permission be granted as the relevant Act excludes goats and sheep and no slaughter was proposed.

What did the court decide?

Cancelled the order dated 23rd November, 2021, and directed the Commissioner of Police, Kolkata to issue permission for the "Goat Bazar" from 2nd to 11th July, 2022.

Abdul Qaiyum Vs Union of India and Ors. — Municipal and Town Planning | Calcutta HC (2022)

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8^th June, 2022 (D/L No.22) (SKB)

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W.P.A. 8747 of 2022

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Abdul Qaiyum Versus Union of India and others

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Mr. Mukteshwar Maity, Mr. Vidhu Bansal Agarwal … for the petitioner.

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Mr. Amal Kumar Sen, Mr. Swapan Kumar Pal

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… for the State.

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Mr. Dipanjan Sinha Roy

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… for respondent nos.1 to 5.

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Affidavits of service are taken on record.

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The petitioner is aggrieved by an order passed by the Commissioner of Police, Kolkata on 23^rd November, 2021 refusing permission for holding of “Goat Bazar” at Hastings in Kolkata Maidan on the occasion of Bakr-eeid(Eid-Uz-Zoha) which is scheduled to be held from 2^nd July to 11^th July, 2022.

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The petitioner’s family claims to hold “Goat Bazar” on Islamic festivals in the same area for ten years till 2019. The objection to the order of the Commissioner of Police is based on an order passed by a Division Bench of this court on 2^nd November, 2011 by which the State Government was directed to see that markets in the State are not conducted for trading of cattle for sacrifice. The Division Bench was also of the view that holding of

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such markets is not permitted under The West Bengal Animal Slaughter Control Act, 1950.

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Learned counsel appearing for the petitioner submits that the “Goat Bazar” which the petitioner proposes to hold for the upcoming festival is only for the sale of goats and sheep and not for the purpose of slaughter of such animals. It is also submitted that the Schedule to the West Bengal Animal Slaughter Control Act, 1950 does not mention “Goats and sheep”. Counsel also relies on several permissions being issued by the police to various people for holding of “Goat Bazars” after the order of the Division Bench in November, 2011.

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Learned counsel appearing for the State submits that permissions have indeed been given to various parties after the order passed by this court and seeks to rely on the undertaking given by the petitioner that the “Goat Bazar” shall not entail slaughter of any animals.

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After considering the submissions of counsel and the documents on record, admittedly, permissions for holding similar cattle markets specifically “Goat Bazar” were given by the office of the Commissioner of Police, Kolkata from 2012 to 2018 for the occasion of Islamic festivals. First, there is no explanation as to why the petitioner was refused permission to hold a “Goat Bazar” in 2021 in reliance on the order passed by the Division Bench of this court. Second, the West Bengal Animal

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Slaughter Control Act, 1950 lays down in Section 12 that the Act shall apply to the animals specified in the Schedule. The Schedule to the Act specifies various animals/cattle but excludes goats and sheep. Thus, the Act, 1950 does not contain any embargo in respect of goats and sheep which is the specific case made out in the present writ petition. It is also relevant to mention that the order passed by the Division Bench was in the specific context of trading of cattle for sacrifice. In the present case, the petitioner undertakes that there shall be no slaughter of goats and sheep in the proposed “Goat Bazar” and that goats and sheep would only be sold to intending buyers.

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Having regard to the above reasons, this court is of the view that the impugned order passed by the Commissioner of Police on 23^rd November, 2021 does not have any basis and cannot be sustained.

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The stand of the Ministry of Defense is that several “Goat Bazars” have been held in the area and the Ministry of Defense shall consider granting of ‘no objection certificate’ upon permission being granted by the police.

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W.P.A.8747 of 2022 is, accordingly, disposed of by cancelling the order dated 23^rd November, 2021 and directing the respondent no.7 being the Commissioner of Police, Kolkata to issue the permission to the

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petitioner for holding of “Goat Bazar” from 2^nd July to 11^th July, 2022 on the occasion of Bakr-e-eid(Eid-UzZoha) for the year 2022. The petitioner is directed to comply with all the required formalities for getting such permission.

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(Moushumi Bhattacharya, J.)

Abdul Qaiyum v. Union of India and Ors.

Case brief

What is this about?

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Abdul Qaiyum v. Union of India and Ors.

Case brief

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