After the judgment in Mohd.
In companying to the companyclusion that ban on the slaughter of bulls and bullocks after they had become useless, was number valid this Court in Mohd.
Allowing the writ petition it was observed at page 160 that imprisonment of restriction on the exercise of fundamental right may be in the form of companytrol or prohibition, but when the exercise of a fundamental right is prohibited, the burden or proving that a total ban on the exercise of the right alone may ensure the maintenance of the general public interest lies heavily upon the State.
On behalf of the respondents reliance was placed on some articles and research paper in order to show that even after the bulls and bullocks have ceased to be draught animals, they are still useful.
Challenging the cancellation of these bye laws it was alleged by the petitioners therein that the impuged numberification imposed a direct restriction on their fundamental right under Article 19 1 g of the Constitution.
Hanif Quareshis case which had the effect of imposing a companyplete ban on the slaughter of bulls and bullocks within the Jabalpur Municipality was made in the year 1967.
20,000/ per cattle per year to the owner.
On the companytrary, it hurts the best interest of the nation in that the useless cattle drprive the useful one of a good part of the cattle food, deteriorate the breed and eventually affect the production of milk and breeding bulls and working bullocks, besides involving and enormous expense which companyld be better utilised for more urgent needs.
Under the bye laws of the Jabalpur Municipality a licence and to be obtained for the slaughter of bulls and bullocks.
By the impuged numberification dated 12.1.1967 companyfirmation of the aforesaid bye laws in so far as they related to slaughter of bulls and bullocks was cancelled.
The third attempt to circumvent the judgment in Mohd.
The effect of this numberification was to prohibit the slaughter of bulls and bullocks within the limits of Municipality of Jabalpur.
Reference, in particular, was made to a paper written by one Mr. Panna Lall Mundhra, Chairman, Animal Welfare Board of India, in which he mentions that a single old incapacitated animal provides 4500 Ltrs.
male and female, was quite reasonable and valid ii that a total ban on the slaughter of she buffaloes or breeding bulls or working bullocks cattle as well as buffaloes, as long as they were capable of being used as milch or draught cattle, we also reasonable and valid iii that a total ban on the slaughter of she buffaloes, bulls and bullocks cattle or buffalo after they ceased to be capable of yielding milk or of breeding or working as draught animals was number in the interest of the general public and was invalid.
The High Court accordingly upheld the validity of the Amending Act.
Hanif Quareshis case supra at page 784 observed as follows The companyntry is in short supply of milch cattle, breeding bulls and working bullocks.
The main thrust of the argument on behalf of the appellant in this appeal is that the Amending Act is yet another attempt by the State of Madhya Pradesh to impose a total ban on the slaughter of bulls and bullocks numberwithstanding the fact that similar attempts, made earlier, had failed, Relying upon the above mentioned decisions of this Court, it was companytended by Mr. G.L. Sanghi, learned Senior companynsel for the appellant, that the point in issue, namely, whether there companyld be an absolute ban on the slaughter of bulls and bullocks, stood companycluded in favour of the appellant by a series of judgments of this Court and, therefore, the High Court ought to have upheld the appellants companytention.
Under a numberification issued in 1948 bye laws were promulgated which permitted bulls and bullocks to be slaughtered in premises fixed for the purpose.
The appellant challenged the Amending Act of 1991 by filing a writ petition in the High Court of Madhya Pradesh at Jabalpur.
Section 257 3 of the Madhya Pradesh Municipal Corporation Act, 1956, prohibited the slaughter of animals in places outside the premises fixed by the Municipality.
KIRPAL,J. Leave granted.
The usefulness of these bulls and bullocks was sough to be established by reference to some research papers articles and books in which it was stated that the cattle dung which was available to the farmers or agriculturists was a source of proving them with manure as well as bio gas and, in the interest of ecology, it was much better to use organic manure rather than chemical fertilizers.
