9911796707
TMI Blog2006 (3) TMI 746X X X X Extracts X X X X X X X X Extracts X X X X ..... h. On 24th March 1989, the Gram Panchayat concerned, issued a 'No Objection Certificate' (in short 'NOC'). After obtaining opinion of the District Medical and Health Officer, Director of Town Planning and Director of Factories, State of Andhra Pradesh, permission was granted to the company to run a slaughter house on the selected site on 29th June 1989. Prior to this permission, the Andhra Pradesh Pollution Control Board (for short 'A.P.P.C.B.') also issued a 'NOC' on the application of the company filed on December 30, 1988, subject to certain conditions concerning the treatment of effluents and air pollution. In the said NOC, it was inter-alia stipulated that the company shall obtain a second 'NOC' and a regular consent under Sections 25 and 26 of the Water (Prevention and Control of Pollution) Act, 1974 from A.P.P.C.B. before commencing regular production. The Director, Animal Husbandry Department, Government of Andhra Pradesh also issued a NOC in favour of the company by a letter dated July 13, 1989, subject to compliance with the provisions of Sections 5 and 6 of the Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no Industry District, change of location from No Industry District to any other area including a notified backward area either within the same State or outside the State will not normally be allowed. The recommendation was also made by the State of Andhra Pradesh to grant industrial licence to set up abattoir slaughter house at the selected site. If we are permitted to read the various conditions for grant of LOI issued by the Central Government carefully, it would be evident that only old and useless buffaloes shall be available for slaughtering and their production and processing shall be subject to continuous inspection by the Municipal Authorities, Department of Animal Husbandry and Health Department of the State Government. Clause (c) of the LOI speaks of total prohibition of slaughtering of cows of all ages and calves of cows and buffaloes, male or female. Clause (d) invites the company to undertake measures of prohibiting and improving the breeds of the buffaloes by adoption of suitable animal husbandry practices in consultation with the State Government. Clause (e) of L.O.I. provides that 90% of the production of frozen buffalo meat would be exported for a period of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion granted for construction of the factory building and other buildings to the company and thereby directed stoppage of constructions until further orders. Challenging this order of the Executive Officer, the company filed a Writ Petition before the High Court of Andhra Pradesh. Some organizations opposed the proposed establishment of the slaughter house and they were impleaded as respondents to the said writ petition. The writ petition was, however, subsequently withdrawn by the company and instead a revision petition was filed before the State Government questioning the notice issued by the Executive Officer on the suspension of the construction work which was permitted by the State Government. After hearing all the concerned parties, by an order dated 15th September 1990 the revision case was allowed by the State Government. A bare reading of this order would show that the order of the Executive Officer was not only directed to be set aside but also the period of completing the construction work was extended by one more year, from 29th of June 1989. Against the order passed in the revision case, two writ petitions being W.P.No.13763 and W.P.No.13808 of 1990 were filed in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Regulation) Act, 1951 and pass appropriate orders in relation to the establishment of the mechanized slaughter house (abattoir) at Rudraram village, Patancheru Mandal, Medak District, Andhra Pradesh, within eight weeks from the date of receipt of the report. (Emphasis supplied). It may be kept in mind that this order of the Division Bench by which certain directions were made by it to the State Government as well as to the Central Government was , however, not appealed before this Court. Pursuant to the directions given by the Division Bench in the aforesaid order, as noted hereinabove, the State Government constituted a Committee known as Krishnan Committee for examining and reporting the matters referred to in the order of the High Court. The Krishnan Committee constituted by the State Government submitted its report. It was noted in the report that some fundamentalist organizations opposed the establishment of the slaughter house on account of their religious and sentimental opposition to the slaughter of animals, whereas the Central Government and the Government of Andhra Pradesh permitted the setting up of this plant subject to the conditions imposed by them. So far ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... area is limited to this extent atleast. Further increases in capacity can be considered only if the company increases its own feed cattle. Eventually the Company will have to produce feed cattle for their entire extent of operations so as to minimise the impact on the existing cattle wealth. If this alternative is not acceptable to the Company, the proposal mentioned by the Food and Agriculture Department of starting a modem abattoir with an investment of about ₹ 15 crores may be directed to take over this plant and eventually the unhygenic private slaughter houses in and around the city and government slaughter houses can be closed and the meat requirement for the city may be met from this factory. We have carefully examined the Report of the Krishnan Committee and its recommendation for allowing the establishment of the slaughter house. From a plain reading of the report and its recommendation, it cannot be doubted that the Krishnan Committee was in favour of the establishment of the slaughter house subject to the condition that it should raise its own cattle required by it - initially to the extent of half and ultimately to the full extent. The committee also opine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he permissions granted for the establishment of the slaughter house of the company. As noted hereinearlier, Writ Petition No. 8193/1992 was filed by Dr. Kishan Rao praying for similar reliefs which were prayed by him in Writ Petition No. 13062/1992. The Division Bench in the judgment under appeal had taken a serious objection to the filing of two Writ Petitions by Dr. Kishan Rao for similar reliefs and observed that there was mis-statement on the part of Dr. Kishan Rao saying that relief claimed in Writ Petition No. 13062/1992 and reliefs claimed in Writ Petition No. 8193/1992 were different. All these writ petitions were heard together and disposed of by the High Court by common judgment dated April 6, 1993. In the aforesaid judgment, the High Court in substance observed as follows: (1) As the LOI granted by the Central Government and the provisions of the Andhra Pradesh Preservation of Cow Slaughter and Animal Preservation Act, 1977 permits slaughtering of only useless cattle and in view of the fact that maintenance of such useless cattle involves a wasteful drain on the nation's meager cattle feed resources, the Government of Andhra Pradesh and the Central Government were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore in this writ application there was no need to deal with it all over again. C.A.No.3968 of 1994 was preferred against this judgment in this Court. C.A.Nos. 3966, 3967 and 3968 of 1994 have been preferred against the judgment of the Division Bench of the A.P.High Court delivered on 6th April, 1993. The appellant in C.A.No.3966 of 1994 is Dr.Kishan Rao, the appellant in C.A.No.3967 of 1994 is Smt.Satyavani whereas the appellant in C.A.No.3968 of 1994 is Akhil Bharat Goseva Sangh. Civil Appeal Nos. 3964-3965 of 1994 have been directed against the order of another Division Bench allowing the writ appeal preferred by the company under Clause 15 of the Letters Patent and setting aside the interlocutory order passed by a learned Single Judge in W.P.M.P. No.9367/1993 arising out of W.P. No. 7483/1993. In this way the five appeals against the judgments of the High Court of Andhra Pradesh were placed before us for final disposal which were heard in presence of the learned counsel for the parties. By an order dated 25th October 1994 passed in C.A. No.3968/1994 with C.A. Nos.3964-3967/1994 (Akhil Bharat Goseva Sangh vs. State of A.P. and Ors.) reported in [(1995) Suppl.(1) SCC 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jacent and nearby districts. It would equally be relevant to ascertain, if possible, what percentage of cattle slaughtered have been brought from other States and what percentage from the surrounding areas. In this connection, it is relevant to mention that the Animal Husbandry department has taken the total cattle population of the Andhra Pradesh State which is indeed misleading. The slaughter house is situated on the western border of Andhra Pradesh State, almost on the trijunction of Andhra Pradesh, Maharashtra and Karnataka. In such a situation, the slaughter house would rather draw its requirements of cattle from the surrounding and nearby districts rather than go all the way to far away districts of Andhra Pradesh State like Srikakulam, Visakhapatnam or for that matter, Nellore and Anantapur, which are situated several hundreds of miles away. The transport of cattle over long distance may induce the slaughter house to go in for cattle in the nearby areas, whether in Andhra Pradesh, Maharashtra or Karnataka - unless, of course, the cattle are available at far cheaper rates at distant places, which together with transport charges would make it more economic for the slaughter ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , was also passed by this Court in the aforesaid appeals reported in Akhil Bharat Goseva Sangh Ors. Vs. State of A.P. Ors. [1997 (3) SCC 707]. From this order, it appears that the Central Government had constituted an inter-Ministerial committee headed by the Joint Secretary, Ministry of Food Processing Industry and three other Members. The committee in its report made the following conclusions and suggestions:- (i) With regard to the pollution of air and water the suggestions and recommendations made by the Krishnan Committee as well as the expert opinion contained in it were good and acceptable. The Government of India in the Ministry of Environment and Forests have already accepted the same and the steps to implement have already been taken. The Environment Audit Report along with the Environmental Management Plan prepared by the Company were acceptable. However, regular monitoring of pollution of air and water need to be continued by the Company itself as well as periodic checking by the Andhra Pradesh State Pollution Control Board. (Emphasis supplied) (ii) The Krishnan Committee's assumption and apprehensions on depletion of cattle due to establishment of M/s Al- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -October 1993, that will take only six months of working of Al- Kabeer. The proper impact of working of Al-Kabeer on the depletion of cattle, if any, would be known only if one takes into consideration the census figures of cattle in Telangana region or in the areas contiguous to Medak District ( where the said unit is located), as the case may be, after at least two years of working of Al-Kabeer. In short, the position obtaining after April 1995 would alone give a correct picture. We cannot also reject the contention of the learned counsel for the appellants that the Government of India's Report is influenced to a considerable extent by the Report of Shri Yogi Reddy, the then Director of Animal Husbandry, Government of Andhra Pradesh, whose Report has been termed as unauthorized by the Special Secretary to the Government of Andhra Pradesh and thus disowned by the Government. Even according to the Government of India's Report, the requirement of Al-Kabeer is 1.5 to 2.0 lakh buffaloes every year, which is not an insubstantial figure. We must also take into consideration what the appellants' counsel call the inherent contradiction between the standard and quality of bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation in Telangana region. There exists adequate potential of buffalo population in these areas to sustain the demand from different sources for the buffaloes including that of Al-Kabeer abattoir. (2) Increases in buffalo population, especially in the latest year i.e. 1996-97, do not substantiate any consistent decline in buffalo population as a result of functioning of the Al-Kabeer abattoir (company). (3) Though there is a decrease in cattle population, that may not be related to the functioning of the Al-Kabeer, as beef from cattle is banned from export. Subsequently, in the year 1999 census data on cattle population of Andhra Pradesh namely 16th live stock census was submitted before this Court. As per the live stock census conducted, the total live stock population in the Andhra Pradesh State was calculated at 357.87 lakhs in 1999 with an increase of 8.7% over that of 1993 census. This increase was stated to be mainly due to the significant increase in bovine population to the extent of 22%. On behalf of the appellants, the first question that was raised and not decided by this Court in its earlier orders but kept to be decided at the final stage of the appeals, was w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where they were going to set up the abattoir, that is to say in Rudraram Village in the District of Medak of the State of Andhra Pradesh. When this application was processed by the Central Government, a thorough enquiry must have been made by it and only thereafter industrial licence was issued to the Company. It is true that before issuance of licence, LOI was issued by the Central Government only wherein, this location requirement was stated in a printed form. It is an admitted position that the Central Government did not make any query from the company about the distance between Rudraram Village, where the site is located, and the urban limits of the city of Hyderabad. On a bare perusal of Section 11 of the IDR Act, it is evident that no person or authority shall, after the commencement of the Act, establish any industrial undertaking except in accordance with the licence issued in that behalf by the Central Government. That is to say, an embargo has been imposed on any person or authority to establish any new industrial undertaking before obtaining a licence from the Central Government. Subsection 2 of section 11 however says that a licence or a permission under Sub-section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ification contains two lists. One list is A and the other is B. List A specified all the villages within the standard urban area of Hyderabad. Patancheru which falls within Medak District and is within the computation of 25 km. from the periphery of the standard urban area of Hyderabad falls under list B. Therefore, in terms of the distance there was requirement of obtaining an industrial licence by virtue of the Notification dated 3rd February 1992 of the State Government. In view of the admitted fact that industrial licence was granted by the Central Govt. on 11.11.1992 and permission to run the slaughter house was also granted by the State Government on the basis of the Industrial policy of the State Govt. of 3rd February, 1992, we are unable to hold that distance prohibition could be considered to be a ground either for cancellation of the industrial licence or for closing down the unit. Apart from that, we may keep it in mind that in pursuance of the LOI granted by the Central Government and the various permissions granted by the State Government and other authorities, the company commenced construction of its factory in 1989. It should also keep in mind that before commenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. Therefore, it was contended that the precautionary principle has been ignored by the authority before granting permission to Al-Kabeer to run the slaughter house. The learned counsel appearing on behalf of Satyavani in C.A. No. 3967 of 1994 contended that APPCB by its consent order dated 21st December 1993 allowed limit for B.O.D. of 100 mg/Lit. whereas the maximum permissible limit specified in the Environment Protection Rules, 1986 was 30 mg./Lit (Rule 3, Schedule 1, Entry 50B). According to the learned counsel appearing for Satyavani the limit for suspended solids allowed by APPCB of 100 mg/Lit was in excess of limit of 50 mg/Lit. allowed in Rule 3, Schedule 1, Entry 50B of the Environment Protection Rules, 1986. Therefore, it was contended that the consent of APPCB was in violation of the Act and Rules, and accordingly it must be quashed. It was also contended on behalf of Satyavani that since the samples collected on 6th August 1994 from Al- Kabeer show that its B.O.D. in fact reached 150 mg/Lit. which was much beyond the permitted limit of 30 mg./Lit. and its suspended solid discharge was recorded at 140 mg/Lit. which was much beyond the permitted 50 mg./Lit., the quest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he samples which were collected by the Department of Water and Waste Water Examination, Institute of Preventive Medicine, Narayanguda, Hyderabad from Al-Kabeer's abattoir indicated violation of the standards prescribed under Environment Protection Rules. Though Al-Kabeer has installed elaborate anti-pollution equipment, it would be of no consequence if such equipment is in reality not bringing down the level of pollution below permissible limits. However, it cannot be overlooked that Al-Kabeer is continuing its operation for more than 10 years without any objection from the APPCB. Therefore, considering all the circumstances, we are of the view that directly ordering closure of Al-Kabeer Abattoir is not called for; rather directions may be given to APPCB to rectify its consent order in accordance with the Environment Protection Rules and also to direct Al-Kabeer to strictly comply with that rectified consent order and Environment Protection Rules. In the event abattoir fails to comply with such directions from the APPCB, it would be open to the authorities to direct closure of the Al-Kabeer unit. We are taking this view keeping in mind that the appellants had not seriously argu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he prescribed limit of pollution by APPCB was in violation of the Environment Protection Rules, therefore in our view, directions must be given to APPCB to rectify its consent order and directions be given by them to the abattoir to comply with that rectified consent order in accordance with Rule 3 of the Environment Protection Rules. In this connection, two further questions had arisen in relation to compliance with environment standards maintained by Al-Kabeer, which were raised by the appellant Shri Tukkoji, in C.A. Nos. 3964-65 of 1994. The first question is whether the consent order of the APPCB was vitiated because the reports of the analysts were not made available to Shri Tukkoji prior to the issuance of NOC. Learned counsel appearing for Shri Tukkoji contended that the consent order was in derogation of the right of Shri Tukkoji to information in violation of Article 19(1)(a) of the Constitution. According to Shri Tukkoji, he was not only entitled to receive the reports of the analysts relating to the effects of the functioning of the abattoir but also to file objections prior to the issuance of N.O.C. This contention was accepted by the learned Single Judge of the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Forest, Environment, Science and Technology in the same hues. We are informed that some, at least, of the members of the Pollution Control Board was renowned scientists It is true that Section 4(2)(a) of the Water Act requires the Chairman of the APPCB to be 'a person having special knowledge or practical experience in respect of matters relating to environmental protection or a person having knowledge and experience in administering institutions dealing with matters aforesaid, to be nominated by the State Government'. Section 4(2)(f) of the Act requires the Member Secretary to possess qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control. From the record, it appears that at the relevant time the Chairman and the Member Secretary of the APPCB did not possess these statutorily required qualifications. The observation of the High Court in the judgment that some of the members of the APPCB were scientific experts, does not address this specific breach of the statutory requirement. In this connection, we, however, need to look into the provisions under Section 11 of the Water Act, which provides in terms tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt in its order dated 25.10.1994. Further, the 2003 Census itself shows a decrease in buffalo population in adjoining States of Karnataka and Maharashtra, from 1999 to 2003- indicating the effect the abattoir has had, through its importation of buffaloes from these States. Moreover, the figures in the 2003 Livestock Census show abnormal and unrealistic growth of cattle population in districts of AP, which can not be accepted. c. The subsequent report of the Central Govt. dated 23.12.2003 itself vindicates the claim that cattle depletion has occurred due to Al-Kabeer's operations. d. This depletion is not in relation to old and useless cattle, as Al-Kabeer necessarily must slaughter useful animals, for export, as pointed out by the Krishnan Committee Report. There are also no sufficient number of useless animals to meet its requirement of 1.5 to 2 lakh buffaloes per year, as is evident from the figures of successive census carried out by the Andhra Pradesh Directorate of Economics and Statistics. Further, the monitoring of Al-Kabeer, for compliance with the Andhra Pradesh Animal Preservation Act, is not effective, as reported by Dr. Jitendra Reddy, Special Officer, Govt. o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... setup to earn profits from export. Moreover, the crux of that judgment, striking down the total ban on slaughter of old cattle, was scarcity of fodder resources- which no longer exists. Finally, the concept of 'usefulness' of cattle was placed before the Court in 1958 in only a narrow sense (milk, breeding and draught services) and the utility of dung was not considered. All these submissions of the appellants, as noted hereinbefore, were contested by Al-Kabeer in C.A.No.3967 of 1994 and made the following reply : - a. The appellants had relied on a Central Govt. report dated 23.12.2003, which is based on 1999 census figures, to prove cattle depletion. But in fact, this report indicates increase in buffalo population in Andhra Pradesh, despite operation of the Al- Kabeer project. b. There are sufficient number of useless buffaloes to meet Al- Kabeer's capacity, if figures over a year, and not simply a given day, are taken into account. In one year, 9. 4 lakh useless buffaloes are available in Andhra Pradesh, much more than the requirement of Al-Kabeer. c. The appellants had mistakenly inferred that useful buffaloes are being slaughtered by Al-Kabeer but the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s met through breeding of cattle by Al-Kabeer itself. Before we go into this question we may note that the A.P. Act was enacted in the year 1977 (Act 11 of 1977). By this Act, the Legislature has regulated the slaughter of all bovine animals including buffaloes. Under section 6(1) no animal is allowed to be slaughtered unless a certificate in writing from the competent authority is obtained certifying that the animal is fit for slaughter. Sub-section (2) of Section 6 of the Act prohibits slaughtering of animals unless the competent authority grants a certificate in respect of an animal that it is not likely to become economical for the purpose of breeding, milching or draught. After carefully reading the conditions for obtaining a permission from the competent authority to slaughter an animal, we find that slaughtering an animal requires the following: (a) Only old and useless buffaloes can be slaughtered. (b) Buffaloes fit for milching, breeding or draught cannot be slaughtered. (c) Cow and its progeny including calves of cows and calves of buffaloes cannot be slaughtered. In order to see whether those conditions are fulfilled by Al-Kabeer, the Director, Animal Husband ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h to file affidavits not only responding to the appellant's application for modification but also with regard to the cattle population of Andhra Pradesh in general and Telangana zone in particular. The report states as follows: The increase is much higher in Telangana region as compared to Andhra Rayalaseema during the four year period of Al-Kabeer working and this has clearly indicated that Al-Kabeer working has no adverse impact on the buffalo population in Telangana region on in Medal area where the abattoir is located. The detailed report at yet another place states: A comparison of the estimated population of buffaloes in milk during the four year period before working of Al-Kabeer abattoir and after working of Al-Kabeer abattoir indicates that similar to milch buffaloes, population of buffaloes in milk also increased during the four year period after working of Al-Kabeer abattoir. The increase is 23.40 percent in Medak and contiguous districts, 24.33 percent in Telangana and 17.17 percent in Andhra Rayalaseema. An overall increase of 19.61 percent in the Andhra Pradesh State is observed. This clearly indicates that productive buffaloes are not slaughtered in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1999 and 2003 as would be evident from the report is as follows : District 16th Census 1999 17th Census 2003 Mahaboobnagar 360749 356269 (-) Rangareddy 211044 272342 (+) Hyderabad 8870 31400 (+) Medak 313988 367350 (+) Nizamabad 267846 333989 (+) Adilabad 208823 301014 (+) Karimnagar 448896 441361 (-) Warangal 438324 486779 (+) Khhammam 498537 565810 (+) Nalgonda 622827 592271 (-) PERCENTAGE VARIATION Year A.P.State Telangana Region 1999 census (over1993 census) 2003 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the DCC as well as the Experts Committee. The minutes show that the material that was submitted on behalf of the manufacturers of the drugs in question was examined by the members and it is not possible to hold that there has been no proper consideration of the said material by the Experts Committee or the Sub- Committee of the DCC. The complaint that experts in clinical medicine were not associated with the Committee does not appear to be justified. The minutes of the meetings of the experts to consider the views of the affected manufacturers, who represented against the proposed withdrawal of certain formulations moving in the market, which were held on September 8, 1987, October 16/17, 1987 and January 15/16, 1989 show that among the members were included Dr. O.D. Gulati, Dean, CAM Medical College, Karansad and Dr.J.P. Wali, Assistant Professor of Medicine, AIIMS, New Delhi, Dr. M.Durairaj Consultant, Cardiologist, Director of Cardiology, Poona Hospital and Research Centre, Pune was also member of the Sub-Committee and had attended the meeting held on January 15/16, 1988. It cannot, therefore, be said that the medical experts in clinical medicine were not associated in the E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oes. Therefore, in our view, this submission of the Akhil Bharat Goseva Sangh cannot at all be accepted, as we are not concerned with the case of striking down a particular provision which imposes an absolute prohibition of slaughter of particular types of bovine animals. In Mirzapur case, it was, however, not held that permitting slaughter of bovine cattle by itself is unconstitutional. This being the position, we are not in agreement with the learned counsel for the appellant that Submission No.(h) can come to their assistance for the purpose of banning of slaughter of buffaloes by Al-Kabeer. The last question which was agitated by Akhil Bharat Goseva Sangh ( C.A. No. 3968/1994 ) but not agitated by the other appellants in the other appeals was whether the policy of the Central Govt. to promote export of meat violates constitutional provisions. According to the appellant, the policy of the Govt. to encourage slaughter for export is subject to judicial review as policies which violate constitutional provisions are reviewable. This policy violates Art. 39(b) and (c) of the Constitution as it serves to concentrate profits from cattle wealth in a few hands. It was further submitte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is on the OGL list. (i) Government of India in its Directive has stressed export of meat and meat products as thrust area. (ii) Current Foreign Trade Policy encourage export of meat. It provides for export of meat of buffalo provided it is accompanied by a certificate from the designated veterinary authority to the effect that meat or offal are from buffalo not used for breeding and milching purposes. It appears that the certificates that are to be or already issued was in conformity with the decision of the Constitution Bench's judgment in Mohd. Hanif Qureshi's case reported in [1959 SCR 629]. It is the case of the Government as well as the abattoir that only those buffaloes which are unfit for milching, breeding and draught were permitted to be slaughtered and are being slaughtered. We have already discussed the decline of cattle population because of the operation of Al-Kabeer in this judgment hereinbefore. In Mohd. Hanif Qureshi's case reported in [1959 SCR 629] the issue was not whether the population of live stock was increasing or not but whether the population of healthy live stock was increasing. Although it was sought to be argued by the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed from buffalo used for breeding and milching purposes. It is true that in the Constitution Bench decision of this Court in the case of State of Gujarat vs. Mirzapur reported in [2005 (8) SCC 534] it has been held that the protection envisaged under Art.48 extended even to cattle that had ceased to be milch or draught, provided they fall within the category of milch and draught cattle. In State of Gujarat vs. Mirzapur (supra) it has also been held that cattle forms the backbone of Indian agriculture and they remain useful throughout their lives. While dealing with Art. 48 and 48-A of the Constitution read with the fundamental rights, the Constitution Bench further held that both directive principles and fundamental duties must be kept in mind while assessing the reasonableness of legal restrictions placed upon fundamental rights. However, striking down a law or policy on the ground that it violates a directive principle or fundamental duty was not an issue before the Constitution Bench of this Court in the case of State of Gujarat vs. Mirzapur (supra). It is true that in the aforesaid Constitution Bench decision it has been held that total prohibition of cow and cow progeny slaugh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s directed to monitor regularly and strictly in respect of Al Kabeer's compliance with all applicable laws, particularly the provisions of the Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act, 1977, once every three months and to obtain reports on the same and thereafter to take necessary action for their proper implementation. 6. The Company is directed to prepare a plan in consultation with the State Government and take up its implementation in conjunction with the State Government for promoting better animal husbandry practices within the next three months. The State Government is directed to take all the necessary steps for this purpose. 7. Modernizing the existing abattoirs in the state is advisable and in that regard the State Government may take steps that it considers necessary. 8. Finally, the Central Govt. is directed to review the meat export policy, in the light of the Directive Principles of State Policy under the Constitution of India, and also in the light of the policy's potentially harmful effects on livestock population, and therefore on the economy of the country. However, we keep it open to the Central Government and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ish institutions for taking care of cows and other animals in accordance with the aforesaid provisions of the Act at the earliest. (2) Declare section 5 of the 1964 Act as void and ultra-vires the spirit of the Directive Principles of the Constitution Act.37 and 48 and violative of Arts. 25 and 26 of the Constitution. (3) Declare partial prohibition of slaughter of bovine cattle under 1964 Act as violative of Arts. 14,15,21,25 and 26 of the Constitution. (4) Issue a writ of total prohibition of slaughter of bovine cattle in the whole of Karnataka. Practically, the same reliefs were claimed by Sarojini Muthanna and Mangalamba Rao in W.P. No. 31217 of 1992. However, W.P. No. 31217 of 1992 relates to Kodagu and Coorg districts of Karnataka. After exchange of affidavits and after hearing the learned counsel for the parties all the three Writ Petitions were rejected by the High Court by a common judgment dated 16th March 1998. Against this judgment the present appeals have been preferred by the appellants which were admitted by this Court on grant of special leave and heard in presence of the learned counsel for the respective parties. The relevant facts which are required to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of cows and other animals. Before us, the following questions had cropped up for decision: 1. Whether the High Court erred in dismissing the petitions all- together after holding that the State Government must strictly implement the provisions of the 1964 Act? 2. Whether the view taken by this Court in Mohd.Hanif Quareshi Vs. State of Bihar [1959 SCR 629] regarding implementation of Art. 48 directive principle vis-`-vis fundamental right guaranteed requires modification in the light of larger bench decision in Keshavananda Bharti Case (1973 (4) SCC 225) and the subsequent decisions of this Court? 3. Whether the terms in Art. 48 are wide enough to include all categories of bovine cattle? 4. Whether section 5 of the 1964 Act is unconstitutional in so far as it does not impose a total prohibition of slaughter of bovine cattle and whether a writ must be issued directing the State to prohibit slaughter of all bovine cattle in the State of Karnataka? Before we decide these questions, we may keep in mind the findings arrived at by the High Court of Karnataka in the impugned judgment. As noted herein earlier, we find from the reliefs claimed in all the three aforesai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 959 SCR 629] has now been over-ruled on this point by the Constitution Bench decision of this Court in Mirzapur case. Therefore, this question is decided in favour of the appellants. In Mohd. Hanif Quareshi Ors. Vs. State of Bihar [1959 SCR 629] the contention that a law enacted to give effect to Directive Principles cannot be held to be violative of fundamental rights was rejected on the ground that : a harmonious interpretation has to be placed upon the Constitution and so interpreted it means that the State should certainly implement the directive principles but it must do so in such a way that its laws do not take away or abridge the fundamental rights, for otherwise the protecting provisions of Chapter III will be a mere rope of sand .( Emphasis supplied). This view was, however, not accepted in the aforesaid Constitution Bench decision in the case of State of Gujarat vs. Mirzapur [(2005) 8 SCC 534]. The Constitution Bench noted that after the decision in Kesavananda Bharathi vs. State of Kerala [1973 (4) SCC 225] the position is : A restriction placed on any fundamental right aimed at securing Directive Principles will be held as reasonable and hence intra vire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purpose for which it is obviously recommended, extend to cattle which at one time were milch or draught cattle but which have ceased to be such. (Emphasis supplied). But in the case of State of Gujarat vs. Mirzapur this position was over-ruled and it has been held that: In our opinion, the expression 'milch or draught cattle' as employed in Article 48 of the Constitution is a description of a classification or species of cattle as distinct from cattle which by their nature are not milch or draught and the said words do not include milch or draught cattle, which on account of age or disability, cease to be functional for those purposes either temporarily or permanently. The said words take colour from the preceding words cows or calves . A specie of cattle which is milch or draught for a number of years during its span of life is to be included within the said expression. On ceasing to be milch or draught it cannot be pulled out from the category of 'other milch and draught cattle. (Emphasis supplied). Such being the position and in view of the Constitution Bench decision as aforesaid, it can no longer be held that the protection recommended by this part of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts. Though, this question has been decided in favour of the appellants, it does not make any material difference to the final decision of this case. It is the decision on the next issue i.e. issue No.4 that will have impact on final directions to be issued in this case. Let us come to issue No.4, i.e. whether section 5 of the 1964 Act is unconstitutional in so far as it does not impose a total prohibition on slaughter of bovine cattle and whether a writ of mandamus must be issued to the State Government to impose a total ban on slaughter of bovine cattle in the State of Karnataka? In State of Gujarat vs. Mirzapur the impugned Act therein, provided for prohibition on slaughter of certain types of cattle. The Constitution Bench of this Court in that case held such a legislation to be constitutional in the light of the finding that the legislation was in furtherance of the directive in Art. 48 of the Constitution and any enactment which furthers the cause in the directive principles of State Policy cannot be held to be unconstitutional. It was, however, not held that permitting slaughter of bovine cattle by itself is unconstitutional. In the case at hand, section 5 of the 1964 A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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