GAU GYAN FOUNDATION V. THE UNION OF INDIA

WP/3746/2020

AI Insights

The writ petition filed by Gau Gyan Foundation, represented by Ms. Kavita Jain, sought various reliefs related to the illegal slaughtering of animals in Karnataka, particularly targeting respondent No.12, Abdul Haq, alleged to be operating a large-scale illegal slaughter syndicate. The petition requested the court to direct the State of Karnataka to consider the petitioner's representation, exile respondent No.12 from the state, and take stringent actions against illegal slaughterhouses and cattle markets. The state and other respondents provided objections, stating that actions had already been taken against illegal activities, including the closure of illegal slaughterhouses and initiation of criminal proceedings. The court, after considering the submissions and evidence, issued directives to ensure cessation of illegal slaughtering and accountability of officials in case of non-compliance.

• Counselvise Citation: [2021] 140 COUNSELVISE.COM (IT) 678342 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 01-12-2021
• Assessment Year: misc
• Laws Referred To: Articles 226 and 227 of the Constitution of India
• Result in Favour of: Applicant
• Court: HIGH COURT
• Department Lawyers: VANI; ADITYA SINGH; C N KESHAVAMURTHY; JEEVAN NEERALGI
• Assessee Lawyers: PRASANNA
• Keywords: Black money; Investigation; Mandamus; Public Interest Litigation; Illegal slaughtering; Cattle markers; Slaughter houses

Judgement Text

" - 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2021 PRESENT THE HON’BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.3746 OF 2020 (GM-RES) PIL BETWEEN: GAU GYAN FOUNDATION A REGISTERED TRUST, 108, JATT HOUSE, VILLAGE DHOOLSIRAS DWARKA, SECTOR 24, NEW DELHI-110077 THROUGH ITS AUTHORIZED REPRESENTATIVE MS. KAVITA JAIN, D/O LATE SURENDRA PAL JAIN, AGED ABOUT 41 YEARS, R/AT 108, JATT HOUSE, VILLAGE DHOOLSIRAS, DWARKA, SECTOR 24, NEW DELHI-110077 MOBILE - 9620093932 ... PETITIONER (BY SRI PRASANNA D.P., ADVOCATE) AND: 1 . THE UNION OF INDIA DEPARTMENT OF HOME, REP. BY ITS SECRETARY, NORTH BLOCK, - 2 - CENTRAL SECRETARIAT, NEW DELHI - 110 001. 2 . THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU - 560 001. 3 . DEPARTMENT OF HOME BY ITS SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDI, BENGALURU - 560 001. 4 . THE DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ REP. BY ITS SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDI, BENGALURU - 560 001. 5 . THE KARNATAKA STATE POLLUTION CONTROL BOARD REP. BY ITS THE MEMBER SECRETARY, AT CHURCH STREET, BENGALURU - 560 001. 6 . THE DEPARTMENT FOR ANIMAL HUSBANDRY REP. BY ITS SECRETARY, VIKASA SOUDHA, AMBEDKAR VEEDI, BENGALURU - 560 001. 7 . DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF POLICE, NRUPATHUNGA ROAD, BENGALURU - 560 001. 8 . THE DEPUTY COMMISSIONER HASSAN DIST, HASSAN - 573 101. - 3 - 9 . SUPERINTENDENT OF POLICE HASSAN DIST, HASSAN - 573 101. 10 . THE SUB-INSPECTOR OF POLICE CHANNARAYAPATNA TOWN POLICE STATION, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573 116. 11 . THE CHIEF EXECUTIVE OFFICER TOWN MUNICIPAL CORPORATION, CHANNARAYAPATNA TOWN, HASSAN DISTRICT - 573 116. 12 . ABDUL HAQ AGED ABOUT 45 YEARS, R/AT NO.92, KANCHUGARA STREET, TIPPU CIRCLE, BAGUR ROAD, CHANNARAYAPATTANA TOWN, CHANNARAYAPATTANA TALUK, HASSAN DISTRICT - 573 116. ... RESPONDENTS (BY SMT. VANI H., AGA FOR R2-R4 & R6-R10, SRI ADITYA SINGH, CGC FOR R1 SRI C.N. KESHAVAMURTHY, ADVOCATE FOR R11, SRI JEEVAN J. NEERALGI, ADVOCATE FOR R5 & R12 - SERVED BUT UNREPRESENTED) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE STATE OF KARNATAKA TO CONSIDER THE REPRESENTATION OF THE PETITIONER AS PER ANNEXURE- Z1 AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING: - 4 - ORDER This Public Interest Litigation has been filed seeking the following reliefs:- \"a) This Hon'ble Court be pleased to issue writ of mandamus thereby direct the State of Karnataka to consider the representation of the petitioner as per Annexure-Z-1. b) That this Hon'ble Court be pleased to issue directions to exile respondent No.12 from State of Karnataka permanently. c) That this Hon'ble Court be pleased to show cause all respondents for lack of concerted action on taking stringent action. d) That this Hon'ble Court be pleased to set up a Committee to regulate the Cattle Markers and functioning of illegal slaughter houses in the State of Karnataka. e) That this Hon'ble Court be pleased to issue directions to all District Commissioners in Karnataka to call for Report on sale and trade of calves in Cattle Markets. f) That this Hon'ble Court be pleased to issue directions to initiate investigation of the entire illegal slaughter house and illegal money generation of respondent No.12 and accomplices and be pleased to transfer the investigation to Special Crime Branch. g) That this Hon'ble Court be pleased to issue directions to Income Tax authorities to investigate the - 5 - Black money generation of respondent No.12 and his accomplices. h) Grant such other relief/s deem fit on the facts and circumstances of the case, in the interest of justice.\" 2. As per the allegations made by the petitioner, illegal slaughtering of animals is carried out at large scale in the entire State of Karnataka. In order to elaborate his grievance, petitioner has mentioned the name of one Sri Abdul Haq alias Hakku Bhai, resident of Channarayapatna, Hassan District against whom various criminal cases have been lodged in different districts of the State for operating large illegal cow, calf, underage ox/bull, Slaughter Syndicate in Roshan Nagar, Channarayapatna, Hassan, Gandhinagar, Tiptur etc., and supplying illegal beef in Bengaluru, Ramanagara, Hassan etc., Details of the criminal cases lodged in this regard have also been mentioned in the representation of the petitioner vide Annexure-Z1 in the writ petition. 3. Learned Additional Government Advocate has filed the statement of objections on behalf of the State Respondents. It is submitted that appropriate action is taken as and when illegal slaughtering comes to the - 6 - knowledge of the authorities. The representation of the petitioner has been considered and the illegal slaughterhouses at Channarayapatna have been closed and criminal proceedings have been initiated against the culprits including respondent No.12. 4. Learned counsel for respondent No.11 submits that the Chief Executive Officer, Town Municipal Corporation, Channarayapatna Town, Hassan District has taken all steps to ensure that no illegal slaughterhouses are functioning and constant vigil is made to ensure that no such illegal activities are carried out. 5. We have considered the submissions made by learned counsel for the petitioner and gone through the records. 6. The concerned respondents are directed to ensure that no such illegal slaughtering of animals is carried out in any district of the State and immediate remedial measures shall be taken to ensure that no such illegal activities takes place. Concerned officers shall be held responsible in case of any such illegal slaughtering of animals is found by the Authorities. Stringent action shall - 7 - be taken including the criminal action against the persons involved in illegal slaughtering of animals. In all such criminal cases which have been lodged against respondent No.12, investigation shall be completed and police report shall be submitted before the Competent Court without further delay. 7. With these observations, writ petition is disposed of. 8. In view of disposal of the present writ petition, pending interlocutory application, if any, does not survive for consideration and is accordingly disposed of. Sd/- CHIEF JUSTICE Sd/- JUDGE KPS "