Beef possession not a criminal offence, rules Bombay HC

May 6, 2016

Mumbai, May 6: The Bombay High Court on Friday pronounced the judgement on a bunch of petitions challenging the constitutional validity of the beef ban in Maharashtra.

BeefAccording to news agency, the Bombay HC has passed order, which says that beef ban will continue in Maharashtra.

A ban on cow and bullock slaughtering to continue but beef possession (if brought from outside Maharashtra) is not a criminal offence, ruled the HC.

A division bench of Justices AS Oka and SC Gupte had reserved the ruling in January after hearing the arguments.

In February 2015, the President granted assent to the Maharashtra Animal Preservation (Amendment) Act. While the original 1976 Act banned slaughter of cows, the amendment prohibited, in addition, slaughter of bulls and bullocks and possession and consumption of their meat.

As per the Act, slaughter attracts a five-year jail-term and Rs 10,000 fine while possession of meat of bull or bullock attracts one-year in jail and Rs 2,000 fine.

During the hearing, the HC had refused to grant interim stay to the provisions penalising the possession of beef.

Arif Kapadia, a city resident, and noted lawyer Harish Jagtiani had challenged the provision which says mere possession of beef anywhere in the state is a crime.

This is arbitrary and undermines the cosmopolitan nature of the city which houses people from all religions and communities, they had contended.

Other petitions had been filed by Vishal Sheth, a lawyer, and Shaina Sen, a student, contending that the ban on beef violates fundamental rights of citizens.

Comments

Curious
 - 
Friday, 6 May 2016

Rat poisoning should also be banned because it is vehicle of so called God Ganesh. if everyone kills rat Ganesh will have no vehicle to ride to save and serve his devotees.

Satheesha
 - 
Friday, 6 May 2016

Why not other items like chicken, pork, fish and mutton not touched by the law. All lives are equally important but why this special category. Then all should be asked to be vegetarians

Shiva
 - 
Friday, 6 May 2016

One thing which Fadnavis should have concentrated is to make possession of cow and bulls attractive proposition to holders rather than go for ban on slaughter. this he would have achieved by making green every where, make water available and feed available, provide effective cost recovery of produce .. instead by banning he is burdening people who possess assets as cattle more marginalized and economically poorer .. his vision and his party''s vision is self centered and lacks focus of economics but working against poor, marginalized farmers, dalits and minorities,,, classic case of intolerance, stupidity and religious bigotry,, he deserves to be sacked ..

Real Hindu
 - 
Friday, 6 May 2016

Beef ban is on possession too. only beef procured from outside maharashtra allowed.but that we will handle by other

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News Network
July 25,2020

Bengaluru, Jul 25: The Karnataka government on Saturday announced a waiver of crematorium fees for those who succumb to the COVID-19 infection in Bengaluru and said the city civic body would bear the cost.

It said that from now on, families of the COVID deceased need not pay any fees fixed by the city civic body- Bruhat Bengaluru Mahanagara Palike (BBMP)- across 12 electric crematoriums in the city.

"There were reports in the media about difficulties faced in performing the last rites of those who died due to COVID-19 infections. Aimed at resolving those difficulties, certain decisions have been taken," Revenue Minister R Ashoka said.

He told reporters here that BBMP had fixed Rs 250 as the cremation fee, Rs 100 for the ash collection pot and Rs 900 for the bier (bamboo stretcher on which the body is carried), all of which have been waived for COVID deaths.

"So it will be a waiver of Rs 1,250 per cremation. The BBMP will bear this cost," he added.

Ashoka also announced Rs 500 per body incentive for the personnel who conduct the last rites of COVID victims.

"This is in recognition of their services at a time when family members of the deceased are not ready to touch the body and not ready to take the body in some cases," he said.

Noting that the government has identified 23 acres of land at five places around Bengaluru for burial or cremation of COVID victims, Ashoka locals in all these areas are protesting against it.

Appealing to the people for cooperation during these difficult times, he said the government's intention was to ensure respectful burial or cremation for the deceased.

"Obstructing it is not right, it is not Indian tradition," he said.

Pointing out that it takes almost a day's time for a COVID victim's body to be handed over for burial or cremation, he said "scientifically, according to experts and doctors, the virus will not remain alive for more than three hours.

...Also, bodies are either burnt or buried eight feet below. So there will not be any problem for those living in nearby areas and it will not spread infection. Cooperate with humanity," he said.

"These lands identified are for all religions and communities and once the pandemic subsides, can be used for other deaths as well," he said.

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coastaldigest.com news network
July 11,2020

Mangaluru, Jul 11: Deputy Commissioner Sindhu B Rupesh has set up an expert committee to look into the cause of deaths of covid patients in Dakshina Kannada.

The development comes after eight more fatalities including that of a CISF personnel attached to MRPL, were reported in the district on Friday.

The district has recorded 23 deaths since July 1 and 38 death cases have been reported in the district since April 19.

Of the 38 deaths, five were from outside the district. All the eight patients, who lost their battle to the virus in the district on Friday, were suffering from co-morbidities.

According to the govt bulletin on Covid-19 cases, comorbid conditions, like kidney failure, brain tumour, TB, pneumonia, liver damage, high BP, diabetes and others, were the main reasons behind the Covid-19 deaths reported in the district.

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News Network
February 19,2020

Bengaluru, Feb 19: Pointing out that there was a deliberate attempt to cover up police excesses by implicating innocent persons at whim, the Karnataka High Court on Tuesday granted conditional bail to 21 people who were accused by police of involving in violence during the protests against the Citizenship Amendment Act (CAA) in Mangaluru.

Allowing the bail petitions of Ashik and 20 others from Udupi and Dakshina Kannada districts, Justice John Michael Cunha said the overzealousness of the police is also evident from the fact that FIRs were registered under Section 307 of IPC against the persons killed by the police themselves.

“In an offence involving a large number of people, the identity and participation of each accused must be fixed with reasonable certainty. In the present cases, the identity appears to have been fixed on the basis of their affiliation to PFI and they being members of the Muslim community. Though it is stated that the involvement of the petitioners is captured in CCTV footage and photographs, no such material is produced before the court showing the presence of any of the petitioners at the spot, armed with deadly weapons,” the judge noted.

In the statement of objections filed by the State Public Prosecutor-I, it was stated that there was a hint of Muslim youths holding protest on December 19, 2019, opposing the implementation of CAA. Prohibitory orders were clamped in that connection. This assertion indicated that the common object of the assembly was to oppose the implementation of CAA and National Register for Citizens (NRC) which, by itself, was not an “unlawful object”, the judge pointed out.

‘Pics show cops throwing stones at crowd’

Justice Cunha also said the material collected by the investigators did not contain any specific evidence regarding the presence of any of the petitioners at the spot. On the other hand, omnibus allegations were made against the Muslim crowd of 1,500-2,000, alleging that they were armed with weapons like stones, soda bottles and glass pieces. The photographs produced by the SPP depicted that hardly any member of the crowd were armed with weapons, except one of them holding a bottle. In none of these photographs, police station or policemen were seen in the vicinity, the judge noted.

“On the other hand, photographs produced by the petitioners show that the policemen themselves were pelting stones at the crowd. The petitioners have produced copies of the complaints lodged by the dependants of the deceased who died due to police firing and the endorsement made thereon reveals that even though the law required the police to register independent FIRs in view of the specific complaint made against the police officers making out cognizable offences, the police have failed to register FIRs. This goes to show that a deliberate attempt is underway to cover up police excesses by implicating innocent persons at the whims and caprice of the police,” the judge observed.

In the wake of counter-allegations against the police and in the backdrop of their failure to register FIRs based on complaints lodged by the families of victims, the possibility of false and mistaken implication could not be ruled out, the judge said. In these circumstances, it would be a travesty of justice to deny bail to the petitioners and sacrifice their liberties to the mercy of the district administration and police. The records indicate that a deliberate attempt has been made to trump up evidence and to deprive the liberties of the petitioners by fabricating evidence. None of the petitioners have any criminal antecedents, the court said.

“The allegations levelled against the petitioners are not punishable with death or imprisonment for life. There is no direct evidence to connect them with the alleged offence. The investigation appears to be malafide and partisan. In the circumstances, in order to protect the rights and liberties of the petitioners, it is necessary to admit them to bail,” the judge said.

The petitioners were arrested and remanded in judicial custody after the anti-CAA protests on charges of being members of an unlawful assembly, armed with lethal weapons, attempting to set fire to the North Police Station in Mangaluru, obstructing the police from discharging their duties and causing damage to public property, etc., on December 19 in violation of the prohibitory orders. They moved the High Court as their bail pleas had been rejected by a sessions court in Dakshina Kannada.

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