Syamal Kanti Chakrabarti, J. - (1.) The present writ application has been preferred by six writ petitioners contending, inter alia, that the West Bengal Animal Slaughter Control Act, 1950, as amended in 1979 provides for slaughtering of cattle under certain restrictions. Under the present provision such slaughtering without certificate of a veterinary surgeon or the Sabhapati of Panchayat Samity regarding fitness age of the cattle above 14 years whether unfit for breeding due to age, injury, deformity or any incurable disease etc. is prohibited. But violating the statutory provision on 09.12.2008, i.e., on the day of Kurbani, slaughtering of six cows all of under 14 years of age did take place in open place where Hindus are residing and they washed the slaughtered animal in a big tank near by the village where the Hindu people take bath, use water sometime for drinking purposes and also perform immersion of Hindu deities. Such Kurbani took place in front of the house of Sk. Sobani, father of Sk. Era of village Paschim Tanguria and in front of the house of Sk. Noushsad of village Kishorepur of Bhagabanpur Police Station, in the district of Purba Medinapure. This place is not a place of slaughter or made for slaughtering of animals under the aforesaid Act. The local people resisted the move but to no effect. Therefore, on behalf of the local people residing at the village of Paschim Tangaria, nearly six hundred villagers submitted an FIR on 15.12.2008 with the Officer in Charge of Bhagabanpur Police Station against such cow slaughter in open place with an intention to outrage communal riots but no action has been taken by the police station. On 07.01.2009 some local people met the Sabhapati of Bhagabanpur Panchayat Samity and lodged similar complaint. On 09.01.2009 they also submitted a petition before the Veterinary Officer of Bhagabanpur block. The concerned Veterinary Officer has given a written note thereon that on the above occasion no such certificate was obtained from his office for the purpose of slaughtering of cows. On 09.01.2009 they also submitted similar complaint before the Sub-Divisional Police Officer, Egra. All their representations remained unattended to and being aggrieved by and dissatisfied with the inaction of respondent authorities they have filed the instant writ petition praying for a direction in the nature of Mandamus commanding the respondent no. 5, the Superintendent of Police, Purba Medinapore to start criminal prosecution in terms of the said Act against the existing Officer in Charge, Bhagabanpur Police Station and respondent no. 1 and respondent nos. 7, 8, 9, 10, 11 and 12 for committing an offence of cow slaughter in open daylight in front of Hindu people and direction upon the State of West Bengal to publish notification in all state level Bengali and English daily newspapers published from the state to the effect that in the name of Kurbani and other Muslim festivals no cow slaughter will be permitted in West Bengal in violation of the aforesaid Act in respect of cattle below 14 years of age and without obtaining certificate from the Panchayat Samity or Municipality and Veterinary Officer of the concerned area etc.
(2.) In their affidavit-in-opposition affirmed by respondent no. 1, Officer in Charge, Bhagabanpur Police Station it has been stated that no such alleged incident did take place on the date as claimed by the petitioners. It is further claimed that the police authorities including the deponent usually hold meetings with local responsible persons of different communities prior to big festivals like Id, Muhharum, Durga Puja and Kali Puja etc. in order to see that religious performances and festivals of different communities may be held peacefully. On 07.12.2008 similar meeting was held at Bhagabanpur Police Station and the police authorities did not abate commitment of any offence and they have also not threatened Hindu community of dire consequences as alleged. In fact there is no merit in this writ petition which is liable to be dismissed.
(3.) Learned lawyer for the respondent nos. 8 to 12 has contended that the Kuabani was properly conducted at the material time strictly in accordance with law and as such there is no merit in this application which should be dismissed. They have also mentioned order dated 08.12.2008 passed by the Honble Justice Dipankar Datta in W. P. No. 29363 (W) of 2008 whereby the writ petition was dismissed with clear stipulation in the event the administration is approached by the petitioners with the necessary certificate issued in terms of the Act the competent authority shall proceed to consider their application.;