The Karnataka High Court permitted the State government to implement the provisions of the Karnataka Prevention of Slaughter and Preservation of Cattle Act of 2020 which would put a stop on the transportation of cattle.
The bench of Chief Justice Ritu Raj Awasthi and Justice S.R. Krishna Kumar in the earlier order dated January 20, 2021 had stated that the Karnataka Prevention of Slaughter and Preservation of Cattle Rules have been elaborately framed, and the State should be permitted to implement Section 5 of the Act.
Under the Section 5 of the Act states that “ no person shall transport or offer for transport or cause to be transported by whatever means any cattle from any place within the State to any other place within the State for slaughter ”
The act however exempts the transport of any cattle, as mentioned by the State government or Central government, for bona-fide agricultural or animal husbandry purpose
The Court mentioned that the validity of the Act is under consideration, and as the Rules have been framed, the earlier order of the Court has to be modified to the extent that the State is permitted to implement provisions of Section 5 of the Act and the Rules made under it.
However, the same would be subject to final decision in the writ petition, the Court clarified.
The earlier order of the court of January 20, 2021 had noted the Advocate General’s submission that no coercive action will be taken until Rules are framed under the Act. That order said as follows:
Advocate General said that as long as rules are not framed for exercise of powers under the proviso to Section 5 of the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020 are brought into force, there can be no coercive action to be initiated by the State Government for the breach or violation of Section 5 of the said Ordinance.The order read
That order said as follows:
“The learned Advocate General, on instructions, states that till the Rules framed in exercise of powers under the proviso to Section 5 of the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020 are brought into force, no coercive action shall be initiated by the State Government for the breach or violation of Section 5 of the said Ordinance. He states that after the Rules are framed, but before the same are brought into force, the State Government will move this Court so that the petitioners are put to notice that the Rules are likely to come into force.”