 slated to be conducted in the premises of Jamujhari, Orissa. The High Court held that auction of milching cows along with their cows does not amount to cruelty, hence does not attract any penalty under provision of P.C. Act 1962 or the Orissa Prevention of Cow Slaughter Act, 1960.){kind=link}
The Orissa High Court had dismissed a plea filed by Dhyaan Foundation, a registered trust, which has laid challenge to the auction notice for the sale of cattle (seven cows with calves) slated to be conducted in the premises of Biju Pattanaik Open Air Ashram, Jamujhari.
The bench comprising of Justice Jaswant Singh and Justice S. K. Panigrahi noted, “The mere apprehension of the petitioner-Trust (Dhyaan Foundation) that such animals or cows would land in the hands of butchers for slaughtering is not enough to persuade us to invoke our writ jurisdiction. Any such recourse would be amounting to conducting roving and fishing enquiry, which is not permissible in law. We have no doubt that the official authorities conducting the auction would be totally alive to the safety and welfare of the animals,”
The Court observed, “It is not disputed that the Ashram is run and operated by the Department of Prisons under aegis of Home Department. The auction is being conducted of milching cows with calves, which do not amount to cruelty or abandoning the animals so as to attract any penal provision of P.C. Act 1962 or the Orissa Prevention of Cow Slaughter Act, 1960. We are given to understand that in the State of Odisha slaughtering of cows is not permitted,”
The petitioner herein claims to be a registered trust engaged in the activity of rescue, care, treatment and rehabilitation of animals under the provisions of Prevention of Cruelty to Animals Act, 1960. By way of the present writ petition, it has laid challenge to the auction notice for sale of cattle (seven cows with calves) slated to be conducted on November 3, 2021 at 11.30 A.M. in the premises of Biju Pattanaik Open Air Ashram, Jamujhari.