Latest Amendment in Peta Beef Ban
Bombay: The Bombay loftier court on Wednesday refused to grant an interim stay on provisions of the Maharashtra government'southward new beef ban law, but directed the state and the police force authorities not to have coercive steps for three months for possession of the meat. The state government came in for flak for imposing an "overnight" ban past bringing in a constabulary that was stuck for over 20 years without giving citizens a hazard to dispose of the meat in their possession.
The society means the beef ban police, including Section 5D of the Maharashtra Beast Preservation (Amendment) Act that bans import of beef from exterior the state and makes it a law-breaking to possess such meat, remains till the courtroom finally decides the event. However, the state volition not exist able to prosecute anyone in possession of beef from March 4, when the act came into strength, till July 29 or till the HC finally decides the legality of the constabulary.
"Possession of the beefiness (for the specified menstruum) is not prosecutable by the state," said a division bench of Justices V M Kanade and M S Sonak, adding, "The country and police authorities shall not invade the privacy of a citizen for the purpose of finding out every bit to what is in their possession is beef or whatsoever other class of meat." The court also added that at the highest, an FIR can be registered confronting individuals, but no coercive steps can exist taken.
Senior abet Aspi Chinoy, and advocates Mihir Desai and Firoz Bharucha, counsel for the petitioners, had contended that the law was a violation of the fundamental right to selection of food. The petitioners had sought a stay on Section 5D. The judges, however, declined to grant a stay saying that though arguable points were fabricated, information technology would get by the maxim of "judicial restraint" and the concept that when the state enacts a law, its legality is to be presumed. The court further said the land should be given an opportunity to file a detailed affirmation earlier the ramble validity of the law could be decided.
Maharashtra advocate general Sunil Manohar had argued that there was no fundamental correct to swallow beef and the state was justified in bringing in a police to prevent cruelty to animals. The state had enacted a law to ban slaughter of cows in 1976. In 1995, it framed a law to besides ban slaughter of bulls and bullocks and sent it for the approval of the President. The assent from the President came in February 2015 and on March 4, the land brought the law into strength by issuing an official gazette. The MAPA Act banned slaughter of bulls and bullocks along with cows and any violation was punishable with a jail term of five years and a fine of up to Rs x,000. The MAPA Act, departing from similar laws enacted in Gujarat and other states, too made it a criminal offence to possess beef even if the meat was imported from outside the state and punishable with a jail term of up to a yr.
The HC said that as a result of the "sudden imposition of the ban on beef", the meat which was lawfully in possession of individuals or legally imported, suddenly became illegal and punishable. People who were carrying on a business of slaughtering bulls and bullocks which was legal all these years, or individuals who had imported beef in tins or cans were given no run a risk before it was declared illegal and punishable, the HC said. "Nosotros are therefore of the view that the country not having granted a reasonable time for disclosing the beef products which are in possession of the citizen and resident of Maharashtra is patently unwarranted," said the judges. The court has scheduled the instance for final hearing from June 25.
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Source: https://timesofindia.indiatimes.com/india/HC-declines-stay-on-beef-ban-law-but-directs-state-not-to-take-coercive-steps-for-possession/articleshow/47093193.cms
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