V.S.KOKJE, J. - (1.) The petitioners Akhil Bharat Krishi Goseva Sangh and Akhil Bhartiya Shri Jain Ratna Yuvak Sangh had filed this petition in public interest against the State of Rajasthan. The Director General of Police (Crime), Jaipur. The Collector, Nagaur. The Station House Officer, Police Station Merta City, Gram Sevak, Gram Panchayat Anandpur Kalu. Panchayat Samiti Jaitaran, District Pali and the Divisional Railway Manager, Northern Railway, Jodhpur complaining about illegal transportation of Bovine animals in violation of the Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 and the Rules framed thereunder, (hereinafter referred to as the Act). On 4th January, 2000 a notice was directed to be issued to the respondents as to why the writ petition should not be admitted and disposed of at the stage of admission. An interim stay order as prayed was also granted subject to the condition that the Cows will be maintained at the cost of the petitioners. When the petition came up on 13th January, 2000 as many as 46 persons moved a joint application for being impleaded as party respondents on the ground that the subject matter cattle belonged to them and they were validly exporting the same outside the State. The application was allowed and they were allowed to be impleaded as party respondents. The case was finally heard with the consent of the parties.
(2.) The petitioners complained that bovine animals were being taken out of the State of Rajasthan in violation of the Act with the active co-operation of the officers of the State. The petitioners cited a specific instance of animals purchased by the exporters at the Animal Fair held at Anandpur Kalu, a village of Panchayat Samiti Jaitaran District Pali. It is alleged that a large number of cows were purchased by the exporters for taking the animals to Bihar for slaughtering. It is contended that the cows are ostensibly purchased for use in agricultural operation, but infact they are exported out of Rajasthan for taking them to Bangladesh and from their to Gulf Countries for slaughtering. It is contended that under the Act and the Rules framed thereunder bovine animal can only be taken out of the State for a specific purpose provided by the Act and after following the specific procedure provided by the Rules. It is alleged that without following the prescribed procedure more than 3000 cattle were sought to be exported by showing completion of formalities on just one day i.e. 5-12-99. It is also contended that under the Act and the Rules framed thereunder the person granting permit for export has to be satisfied that export would not bring down the cattle population below the requirement of the area.
(3.) The learned counsel for the respondents on the other hand submitted that the formalities required by the Act and the Rules were completed before permits were granted for the export and the export was for agricultural purpose only and not for slaughtering. It was contended on behalf of the owners of the cattle that they have invested huge sums in a legitimate trade in which they purchase the cattle in Rajasthan where surplus cattle are available and transport them to other States mainly Bihar for being sold in fairs held there for sale and purchase of cattle for agricultural purposes. It is vehemently contended on behalf of the owners of the cattle that there is no evidence of the cattle being taken out for the purpose of slaughtering. They also expressed their willingness to abide by any conditions which may be imposed for taking the cattle out of Rajasthan.;