^- ^ ^PK HiGH COURT OF CHHATTISGARH : BILASPUR WR!TPE1TriON{CiNg,,4527PF20Q9 PETITiQNER RESPONDENTS 1. 2. 3. Chliiattisgarh Quraishi Jamat' Mutton Vyapari Sangh, through It's President Mohammad Shahid Qurashi, S/o Noor yoliammad Quraishi, aged about 48 years, R/o House No.314, AbduS Rauf Ward, Baijnathpara, Raipur, DJstt, Raipur (CG). IVersus State of Chhatttegarh, through the Principai Sscretary, Urban Administratjon & Deveiopment, DKS Bhawan, Raipur (C©). Coliector, Raipur, Distl:. Ralpur (CG). Commissioner, Munlcipai Corporation, Raipur (CG). (Writ petltson under Article 226 of the Constitutlon of india) Singie Bench : Hon'bie Shri Satish K. Agnihotri, J. Present:" Shri ?\IX. Chhatterjee and Shri A.S- iqba!, counsei for the petitloner. Shri Arun Sao, Govt. Advocate for the State. ORDER (ORAU (Passed on this 20 day of August, 2009) HeardSearned counsei for the parties. ' 2. The petstioner ciajming to the President of Chhattisgarh Quraishi Jamat Mutton Vyapari Sangh seeks quashing of the cireuiar dated 12 August, 2009 (Annexure - P/1) passed by the Under Secretary, Department of Urban Administration and Devetopment, Government of Chhattisgarh. 3. ' The petitioner chalienges the circuiar dated-12 August, 2009 on the ground that ihe right to trade' In mutton wouldv be effected and the same amounts to vioiation ofthe provisions of Artlcle 19 (1) (g) ofthe Constitution of India. The petitioner further subrnits that there is no pubjlc Interest involved In this circufar. 4. i have heard iearned counsel appearing for the parties, perused the pieadlngs apsd the documents appended thereto. St appears that the State .Government has taken a policy decislon havlng regard to the sentiments of the Jaln Community wherein the sSaughtering/saie of animaSs are prohiblted for a period of 8 days during Jain Pasyushan Parv» 5. The right to trads as prescribed under Artlcle 19 (1) (9) of the Constltution 'of India is subject to restrictlons as enshrined ynderArticle ^ 19 (2) of the Constitution. The petitioner cannot claim that since he has a fundamental rightto trade under the provisionsof ArticSe 19 (1) (9) of the Constitution tndia, there cannot be any restriction's:on siaughtering. He can Induige into trade -and staughtering pf animaSs any where, any day and any time without any restrictions. The ©etltionerhas failed to estab!ish that the impugned clrcuiar is irratlonaS, iiloglcai and ynconstltutional. 6» . In a coyntry iike india,'whlch is havlng- mySti religJous societies wherein aii the reisglons have freedomto profess and practice their rellQlons. Reasonabie restriction for a period of . 8 days cannot; be hejd • as unconstltutionaE. 7, The Hon'ble Supreme Court (n Hinsa Vlrodhak Sangh vs» Moti Kvresh Janiat and Others^ observed'as under: (72. ; As alre.ady stated aboye, it ts a short restrictlon for a few days and surety the 'non-vegetarians can; remaini vegetarian for this shortj persod.. Also, /the: traders in meat of Ahmedabad wli not ^uffer much merely because itheir businessl has- been cios©ddown for 9 days in a year. There is no prohibjtiori to thelr business for the remaining 356 days in a year.i In a muJti cultyraj country Eite ovrs with such diversity, one shouid . no't be oversensitive and • - ' overtouchy about a short restriction when st . is being done out of respect for the sentiments ofa partIcuEar section ofsocfety. It has been stated above that the great Emperor Akbar Nmself used to remain a vegetarian for a few'days every.week out of respect for the vegetarian section of the tndian sodety and out of respect for his Hlndu wife. We too should have similar respect for the sentirnents for others, even •. If they are a minonty sect." 8. Applying ihe weSS settied ratio as Said dowrs bythe'SypFeme Court to the facts of the present case wherein the 'ldentlcal issues invojved, this petltion Is squareiy covered by the decision of the Supreme Court In Hlnsa .Virodhak Sangh (supra), i do not flnd ; any irrationalJty. arbitrariness, discrimsnatlon In the poilcy declsion taken by the State Government and clrcuiated vlde circuiar 12th August, 2009. 9. tn the resuit, the writ petition Is liable to be and is accordinaSy dismlssed at the motion stage Itself. Gov/rl Sd/- Satish K. Agnihotri Judge (2008) 5 SCC 33