Karnataka HC to shortly hear two petitions challenging the validity of Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020.
#cowslaughter
#anticowslaughter
#beefban
#karnatakahc
#cowslaughter
#anticowslaughter
#beefban
#karnatakahc
A Division Bench headed by Chief Justice Abhay Oka will consider the aspect whether a farmer can be prosecuted when he transports his cattle from one place to another under the ordinance.
#beefban
#cowslaughter
#beefban
#cowslaughter
The bench begins hearing the matter.
Bench: If proviso was not there in section 5 of the ordinance, there would have be no problem. Here, intent of legislature is clear. We will tell you how it will create a problem
Bench: If proviso was not there in section 5 of the ordinance, there would have be no problem. Here, intent of legislature is clear. We will tell you how it will create a problem
Bench: A farmer has a cattle shed next to his house. So to take his cattle to his farm, he needs to take a certificate every time?
AG Navadgi: The first 15 kms is exempted, milords.
AG Navadgi: The first 15 kms is exempted, milords.
Bench: It will create a problem. This will be up to the discretion of the police.
A farmer will not be prosecuted if he is taking cattle for bonafide agricultural purposes, Bench.
#cattleslaughter
A farmer will not be prosecuted if he is taking cattle for bonafide agricultural purposes, Bench.
#cattleslaughter
Adv Clifton Rozario: As per section 10, as a farmer, I may be arrested with ot without an FIR and my cattle will be seized.
Senior Adv Jayna Kothari: Milords, there should be no course of action arising out of Section 5.
Senior Adv Jayna Kothari: Milords, there should be no course of action arising out of Section 5.
Bench: We will pass an order today on this farmers' aspect and we can straight away go to the validity of the ordinance.
If all of you agree, we can skip the interim relief part. It will save time. As a court, we also have a limitation.
If all of you agree, we can skip the interim relief part. It will save time. As a court, we also have a limitation.
Court is passing order now
Bench orally observes: Does provisio actually take away a farmer's right to transport cattle for bonafide purposes? That is the question here.
Bench records AG's statement that till rules are brought into force, no course of action will initiated by state for violation of section 5 of the ordinance.
Bench: Till the Rules are brought into force, which will be framed by excercising powers under proviso to section 5 of impugned ordinance, no coercive action shall be initiated by the State government for section for violation of Section 5.
AG states that after rules are framed and before the same is brought into force, the State will move the Court so that petitioners are put to notice, Bench.
Bench: Considering the statement made by the AG, at this stage, it is not necessary to consider the prayer for grant of interim relief.
State to file objections by Feb 20.
The Court will next hear main prayer in the two petitions on Feb 26, at 2:30 pm.
The Court will next hear main prayer in the two petitions on Feb 26, at 2:30 pm.
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