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
April 20,2020

Bengaluru, Apr 20: Close on the heels of the Padarayanapura vandalism, Karnataka Cabinet on Monday decided to promulgate an ordinance that gives special powers to implementing authority and also provide protection to frontline health workers.

Briefing media after the Cabinet meeting here, Minister for Law J C Madhuswamy said that the ordinance will be on the lines of one promulgated by Kerala and Uttar Pradesh governments.

“Through the ordinance, a State Epidemic Act will be enacted to protect health workers and any non-cooperation will be punishable. Also, any attempt to deliberately spread the disease or float rumours will attract action,” he added.

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News Network
March 4,2020

Bengaluru, Mar 4: The Karnataka High Court has issued a notice to the state government in connection with the denial of retirement benefits to a retired deputy commissioner of commercial taxes who had fought against the illegal iron ore lobby.

Justice G Narendra also directed the state to respond to the notice before March 9, stating the reasons for withholding the officer’s retirement benefits.

Advocate Ramananda, appearing for the retired officer Josephat Andrews, explained that the single-judge bench also warned the government of stringent action.

Petitioner Josephat Andrews said his retirement benefits amounting to Rs 25.88 lakh were being withheld since 2014.

In 2009, Andrews detected a huge scam involving Vijaya Leasing, a company associated with former minister Gali Janardhan Reddy. Immediately he wrote to his higher officials explaining to them how the department was owed Rs 1,400 crore in taxes by the company. Immediately after that, Andrews was transferred to Bengaluru.

The media exposed the scam in 2012. Thereafter, to harass the officer, Andrews was served notice for allegedly not conducting an inspection of M/s Vijaya Leasing, which was controlled by the family of then tourism minister Gali Janardhana Reddy, on July 11, 2012.  He was discharged by a full departmental enquiry.

The petitioner was issued a second show cause notice on Jan 29, 2014 on the same charges. Before his retirement, he was docked two increments, denied promotional benefits and his pension was reduced without following due process.

He was served yet another notice with charges that he did not inspect goods vehicles, and an order was passed on April 30, 2019 reducing his pension by 5 per cent, an unprecedented punitive action.

This order was quashed by the Karnataka Administrative Tribunal (KAT), which also ordered payment of retirement benefits to Andrews within five months. However, the benefits were not released to him.  

“Rule 214 of the Karnataka Civil Services Rules (KCSR) make it clear that no enquiry can be held four years after an officer’s retirement.  Belying all statutory rules and precedents of the Supreme Court, Josephat Andrews’ retirement benefits were withheld for five years. Andrews therefore approached the High Court,” advocate Ramananda explained.

Josephat Andrews recalled to Deccan Chronicle that although mining activity was in full swing in 2008, the commercial tax department maintained that it had nothing to do with mining. “I travelled to Gujarat, Maharashtra and Bellary to investigate. I found tax evasion of thousands of crores. When I visited M/s the Vijaya Leasing facility – it was operating from an old oil mill premises–within 20 minutes I got calls from Ali, a person claiming to be the personal assistant of Gali Janardhan Reddy. He told me to get out of the premises as it belonged to his boss. Then calls came from minister Sreeramulu and MLA Nagendra. 

Within minutes 200-300 rowdies gathered around the building and my superior asked me to come back. Instead of filing a police complaint and forming a special team to deal with the situation, the department transferred me to Bengaluru,” he explained.

Talking about the High Court directive, Josephat Andrews said, “I have suffered a lot. Instead of getting a reward for increasing revenues by Rs 2,000 crore, I was punished.”

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News Network
July 28,2020

Bengaluru, Jul 28: In view of the COVID-19 pandemic, the Bruhat Bengaluru Mahanagara Palike (BBMP) on Monday advised people not to visit temples, mosques and other places of worship during the coming festival season.

"COVID-19 is now spreading rapidly in Karnataka, especially in Bengaluru. The festival season is starting with Varamahalakshmi festival on July 31, followed by Bakrid, Raksha Bandhan, Janmashtami, Gowri Ganesha, Moharram and then Onam. This festival season is the riskiest time for the spread of the coronavirus. Therefore, please STRICTLY follow the rules in order to stay safe. Do not visit religious places even if they are officially declared open," a notification from BBMP said.

In the context of Bakrid, unauthorised animal sacrifice (slaughtering) was prohibited in BBMP limits on roads and sidewalks, religious places, school and college premises, playgrounds and other public areas, as per the Karnataka Municipal Corporation Act of 1976.

"Unauthorised animal sacrifice (slaughtering) is a punishable offence under Section 3 of the Karnataka Prevention of Animal Sacrifices Act 1959 and Rules and the Amendment Act 1975, which provides for a maximum penalty of six months or Rs 1000, or both. According to the Karnataka Prevention of Animal Sacrifices Act 1959, slaughter-worthy animals can only be slaughtered in official slaughterhouses," the notification said.

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