GOVANSH RAKSHA ABIYAAN GOA Vs. STATE OF GOA
LAWS(BOM)-2016-7-118
HIGH COURT OF BOMBAY
Decided on July 22,2016

Govansh Raksha Abiyaan Goa Appellant
VERSUS
STATE OF GOA Respondents

JUDGEMENT

F. M. Reis, J. - (1.) The above Writ Petition, inter alia, prays for a writ to appoint a Court Commissioner to inspect and examine the records of the Goa Meat Complex to look into its affairs and submit a report within a time bound framed. It further seeks a direction to the Respondents to stop forthwith slaughtering all animals present within the premises of the Goa Meat Complex and further to stop forthwith any cow and bull slaughter in the Goa Meat Complex. It also seeks a direction to the Goa Meat Complex to handover the animals, cows, bulls and calves presently within the premises of the Goa Meat Complex to the Petitioners. It further prays to direct the police and the said authorities to initiate proceedings against the offenders including against the respondent nos. 6 and 7. It further seeks a direction to ensure strict compliance and any implementation of the Goa Daman and Diu Prevention of Cow Slaughter Act and The Goa Animal Preservation Act, 1995.
(2.) By an Order dated 22.4.2013, this Court appointed a three member Committee to inquire and report into the affairs of the Goa Meat Complex and, accordingly, a report has been submitted. It is contended by the Petitioners that the report clearly discloses irregularities in the functioning of the Goa Meat Complex. Thereafter, by an Order dated 30.04.2013, this Court issued the following directions : "(i) Slaughtering of animals at the Goa Meat Complex shall be carried out strictly in accordance with the provisions of The Prevention of Cruelty to Animals Act, 1960, the Goa, Daman and Diu Prevention of Cow Slaughter Act, 1978, The Goa Animal Preservation Act, 1995, and the Rules framed thereunder. (ii) No animal shall be slaughtered without a certificate being issued from the Competent Authority in terms of sub-section (2) of Section 4 of The Goa Animal Preservation Act, 1995 and only the Competent Authority, duly notified, shall be entitled to issue the certificate for the said purpose, in terms of Section 4(2) of the Act. (iii) The entry of animals in the premises of Goa Meat Complex for the purpose of slaughter shall be only in the presence of an Officer duly appointed by the State Government and a representative of the petitioners, whose name shall be given in writing by petitioners. No other animal shall be permitted to enter the premises of respondent No.2; (iv) No animal shall be slaughtered, unless the Veterinary Doctor of respondent No.2 examines the animal and issues fitness certificate in terms of Rule 4(3) of the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001. In case, such a certificate is not issued, the animals brought for slaughter shall be sent back. (v) No animal from outside the State of Goa shall be permitted to be slaughtered at the Goa Meat Complex. The competent authority shall ensure that the animal is from State of Goa. (vi) No animal below the age of 12 years and no animal of the age above 12 years, but found to be economical, shall be slaughtered at the premises of Goa Meat Complex. (vii) The State Government shall take immediate steps to transfer respondent No.6 and post any other Veterinary Officer at Goa Meat Complex. (viii) The State Government shall take appropriate steps to ensure that no animal is transported in violation of the provisions of the Transport of Animals Rules, 1978.
(3.) Subsequently, by an Order dated 26.06.2013, passed in Misc. Civil Application no. 431 of 2013 and 466 of 2013, this Court deleted Clause (v) of the above Order by observing that no provision has been pointed out which prohibits transport of animals from other States to the State of Goa.;


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