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Case note by Silent Assassins
State of Gujarat V Mirzapur Moti Kureshi Kassab Jannat and others
Court: Hon’ble Supreme Court of India
Date: 26 October 2005
Bench: R.C. Lahoti, C.J.I., B.N. Agarwal, Arun Kumar, G.P. Mathur, C.K. Thakker, P.K. Balasubramanyam, JJ and A.K. Mathur.
This is a case challenging certain amendments introduced in section 5 of Bombay animal preservation act, 1954(as applicable to the state of Gujarat). It’s a public interest case based on constitutional law. The Gujarat high court struck down the said provision as ultra-vires to the constitution as opposed to the fundamental rights (article-19) and directive principle. This amendment was introduced to prevent slaughtering of animals without obtaining in writing from the competent authority appointed for the area that the animal is fit for slaughter.
The constitutional validity of the above said legislation, that is, the Bombay Animal Preservation (Gujarat Amendment) Act, 1994 was put in issue by four writ petitions filed in the High Court which were heard and disposed of by a common judgment dated April 16, 1998.
Two of the writ petitions were filed by individuals who were butchers by profession, and are known as Kureshis. Two writ petitions were filed by the representative bodies of Kureshis.
The High Court allowed the writ petitions and struck down the impugned legislation as ultra vires the Constitution. The High Court held that the Amendment Act imposed an unreasonable restriction on the fundamental rights and therefore ultra vires to the constitution.
Feeling aggrieved by the said decision, the State of Gujarat and Akhil Bharat Krishi Goseva Sangh have filed these appeals. Shree Ahimsa Army Manav Kalyan Jeev Daya Charitable Trust, a Public Trust has filed an appeal by special leave, seeking leave of this Court to file the…...

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