The Bombay Excessive Court docket has allowed the traditional custom of sacrificing animals for Bakri Eid and Urs at a dargah situated throughout the precincts of Vishalgad Fort in Kolhapur district of Maharashtra.
The choice got here after the courtroom distinguished between what constituted a “protected space” and a “protected monument”, and described the state authorities’s choice to ban the apply as “absurd to say the least”.
A bench of Justices BP Colabawalla and Firdosh Pooniwalla heard a number of petitions, difficult numerous directives of the Director of Archeology and Museums, Mumbai, the Superintendent of Police, Kolhapur and the chief director of Zilla Parishad, Kolhapur, prohibiting the sacrifice of animals and birds in Vishalgad.
Authorities advocates SD Vyas and YD Patil appeared on behalf of the state and argued that such communications had been in consonance with the provisions of the Maharashtra Historic Monuments, Websites and Archaeological Stays Act and Guidelines, which limit cooking and consumption of meals inside protected monuments until permitted by licensed authorities. officers.
They emphasised that the sacrifice of animals would finally result in the consumption of meals, thus falling inside prohibited actions.
Nevertheless, petitioner Hajrat Peer Malik Rehan Mira Saheb Dargah, represented by legal professionals SB Talekar and Madhvi Ayyappan, argued that the legislation defines “protected space” as pertaining to particular archaeological websites and villages, not the complete area. Moreover, they alleged interference from right-wing teams that aimed to disrupt historical traditions going down within the dargah.
Authorities advocates maintained that the complete Vishalgad Fort, together with 333 acres and 19 gunthas, was a “protected
“protected monument” and that the slaughter couldn’t be allowed. Nevertheless, the courtroom disagreed with the argument and famous that the legislation itself made a distinction between what’s a “protected space” and a “protected monument.”
The courtroom famous that 107 households residing within the space could be unduly affected by a ban on cooking and consuming meals, which it referred to as “absurd.”
“This may successfully imply that these 107 households must starve or depart their houses (over 333 acres 19 gunthas) and prepare dinner and eat their meals. This interpretation could be absurd, to say the least,” the courtroom mentioned.
The courtroom noticed that although Vishalgad was declared a protected monument in 1999, the killing actions continued easily until February 2023. It then dominated that the petitioners had been allowed to hold out killings for Bakri Eid on June 17 and Urs until 21 of June.
“For twenty-four years, the authorities didn’t assume that the slaughter carried out by the petitioners violated the legislation or laws. Contemplating the totality of the information and circumstances of the case, we’re of the opinion that no less than for the pageant of Bakri Eid, which is on June 17, and Urs, which lasts till June 21, the petitioners could also be allowed to sacrifice animals,” the courtroom mentioned.
The courtroom additionally clarified that the sacrifice should happen on personal land and never in open or public areas.