Supreme Court Stays High Court Order
A Bench comprising Justices Vikram Nath and Sandeep Mehta stayed the High Court's direction while issuing notice on a Special Leave Petition (SLP) filed by the Tamil Nadu government led by Chief Minister Thalapathy Vijay.
The apex court observed that the High Court's order prima facie required "correction" and agreed to examine the state's challenge.
Background of the Case
The Madras High Court had passed the order while hearing a Public Interest Litigation (PIL) filed by Hindu Makkal Katchi general secretary K. Surya Prasanth.
Relying on a 1976 judgment, the High Court directed that cows and calves should not be slaughtered in Tamil Nadu on Bakrid or any other day, citing the need to protect milk production and support the rural economy.
Tamil Nadu Government's Arguments
Challenging the High Court's order, the Tamil Nadu government argued that the blanket ban was contrary to the provisions of the Tamil Nadu Animal Preservation Act, 1958.
The state submitted that the Act permits the slaughter of cows that are:
- More than 10 years old;
- Unfit for work or breeding; and
- Certified for slaughter by the competent authority.
The government also contended that while the High Court had correctly observed that animal slaughter could take place only at designated locations, it simultaneously imposed a blanket prohibition on the slaughter of cows and calves on Bakrid and all other days.
According to the state, these two directions are contradictory and inconsistent with the statutory framework.