SC seeks Maha govt reply on plea against Bombay HC beef order

New Delhi, Aug 17 (PTI) The Supreme Court today soughtthe response of Maharashtra government on a plea challenging aBombay High Court verdict which held that mere possession ofbeef of animals slaughtered outside the state cannot invitecriminal action. A bench of Justices A K Sikri and D Y Chandrachud issuednotice to the state on the plea filed by ‘Akhil Bharat KrishiGoseva Sangh’. The counsel appearing for the Sangh told the apex courtthat they were challenging part of the May 6 verdict of theHigh Court which had said provisions of the Maharashtra AnimalPreservation (Amendment) Act, which criminalise possession ofbeef, is an infringement on the right to privacy of citizensand unconstitutional. The High Court had also upheld the ban on slaughter ofbulls and bullocks in Maharashtra while striking down twosections of the state Act which criminalised possession ofbeef. Striking down sections 5(d) and 9(b) of the Act whichcriminalised and imposed punishment for possession of beef ofanimals slaughtered in the state or outside, the high courthad held that the state cannot control what a citizen does inhis house, which is his own castle, provided he is not doingsomething contrary to the law. "Sections 5(d) which provides that no person shall havein his possession flesh of cow, bull or bullock slaughteredoutside Maharashtra is unconstitutional and infringes upon acitizen’s right to privacy," the high court had said. The court had also modified section 5(c) of the Act, whichmakes possession of beef of animal slaughtered in the statean offence, and had said only "conscious possession" of suchmeat will be held as an offence. The high court’s order had come on the bunch of petitionschallenging the provision of the law which had said that merepossession of beef in any place in the state is a crime. In February 2015, the President had granted sanction tothe Maharashtra Animal Preservation (Amendment) Act. While theAct had banned slaughter of cows way back in 1976, the recentamendments prohibited slaughter of bulls and bullocks,possession and consumption of their meat. As per the Act, slaughter attracts a five-year jail termand Rs 10,000 fine and possession of meat of bull or bullockhands over one-year jail and Rs 2,000 fine. PTI SJK ABA RKSARC