The High Court on Monday permitted the state government to implement the provisions of Section 5 of the Karnataka Prevention of Slaughter and Preservation of Cattle Act 2020 in view of framing of the Rules.
A division bench of the High Court by an interim order in January 2021 had restrained the state government from taking any coercive action under Section 5 of the Act against transportation of cattle in absence of the Rules.
The state government moved an Interlocutory Application (IA) seeking modification of the interim order passed by the court in a batch of PILs filed challenging the enactment. The interim order was passed on January 20, 2021, based on a statement made by Advocate General. It was stated that till the rules are framed in exercise of powers under the provision to Section 5 of the ordinance (it was still an ordinance when the interim order was passed), no coercive action will be initiated by the state government for the breach or violation of Section 5.
Appearing for the state, Advocate General Prabhuling K Navadgi, submitted that the IA has been filed seeking modification of the January 20, 2021, interim order in view of the framing of the Rules. He said the Act was enacted with effect from February 15, 2021, and the rules were published in the gazette on May 25, 2021. The Rules are called Karnataka Prevention of Slaughter and Preservation of Cattle (Transportation of Cattle) Rules 2021.
“We have considered the submissions. The validity of the Act is under challenge which is under consideration before the court. Since the rules have been framed as such the order dated January 20, 2021 is required to be modified to the extent that the state government is permitted to implement the provisions of Section 5 of the Act and the Rules made there under. The same would be subject to the final decision in the Writ Petition,” a division bench headed by Chief Justice Ritu Raj Awasthi said.
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