Ori HC | Auction of milching cows with calves do not amount to cruelty under PC Act 1962 or Orissa Prevention of Cow Slaughter Act, 1960

Orissa High Court: A Division Bench of Jaswant Singh and S.K. Panigrahi, JJ., dismissed the petition being devoid of merits.

The present petition was filed by a registered trust engaged in the activity of rescue, care, treatment and rehabilitation of animals under the provisions of Prevention of Cruelty to Animals Act, 1960. The petition filed seeks challenge against the auction notice for sale of cattle.

The Court observed that mere apprehension of the petitioner-Trust that such animals or cows would land in the hands of butchers for slaughtering is not enough to persuade us to invoke our writ jurisdiction. Any such recourse would be amounting to conducting roving and fishing enquiry, which is not permissible in law.

The Court observed that the auction is being conducted of milching cows with calves, which do not amount to cruelty or abandoning the animals so as to attract any penal provision of PC Act 1962 or the Orissa Prevention of Cow Slaughter Act, 1960.

The Court thus held “We have no doubt that the official authorities conducting the auction would be totally alive to the safety and welfare of the animals.”

[Dhyaan Foundation v. State of Odisha, 2021 SCC OnLine Ori 1873, decided on 02-11-2021]


Arunima Bose, Editorial Assistant has reported this brief.


 Appearances

For petitioners: Mrs. Sonia Mathur, M/s. Subha Bikash Panda, K. Padhi, T.K. Sahu and M.R. Patra

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