The Supreme Court on Monday stayed the Madras High Court's order directing a blanket ban on the slaughter of cows and calves across Tamil Nadu.
The interim relief came after the Tamil Nadu government challenged the High Court's order, arguing that it imposed a state-wide prohibition contrary to the provisions of the Tamil Nadu Animal Preservation Act, 1958.
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta passed the interim order while issuing notice on the State's Special Leave Petition.
The bench observed that the last paragraph of the High Court's order, which imposed the blanket ban, prima facie required "correction", according to Live Law.
Appearing for the State, Senior Advocate Dr Abhishek Manu Singhvi argued that the High Court's order was inconsistent with the Tamil Nadu Animal Preservation Act, 1958. He submitted that the Act permits the slaughter of cows aged over 10 years that are unfit for work or breeding, subject to a certificate issued by the competent authority.
The State further contended that by directing a complete ban on the slaughter of cows and calves, the High Court had effectively substituted judicial legislation for the statutory framework laid down by the Act.
The Madras High Court bench comprising Justice G.R. Swaminathan and Justice V. Lakshminarayan had passed the order on May 27, a day before Eid ul Adha, while hearing a Public Interest Litigation (PIL) filed by K. Surya Prasanth, General Secretary of the Hindu right-wing organisation Hindu Makkal Katchi.
Although the petitioner had sought directions to ensure that slaughter took place only at designated locations, the High Court went beyond the plea and ordered a blanket ban on the slaughter of cows and calves anywhere in the State on any day.
In its order, the High Court relied on a government order stating that a ban on cow slaughter was necessary to improve milk production and strengthen the rural economy.