1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CONTEMPT PETITION NO. 228 OF 1999 IN WRIT PETITION NO. 5175 OF 1996 Krishi Go Seva Sangh Malegaon, (Having its Office at Tilak Road, Malegaon, Dist. Nashik. Through its vice President.) Deepak S/o Ramanlal Nanavati, Age : 49 Years, Occu.: Business, R/o Saraf Bazar, Malegaon. .. PETITIONER Versus 1. The State of Maharashtra 2. Shri K. C. Shrivastav, The Secretary Department of Home Mantralaya Bombay. 3. Arvind Inamdar, The Inspector General of Police, Bombay. 4. Nitin Karir, The Collector of Sangli, Dist. Sangli. 5. Tukaram Chavan, Superintendent of Police Sangli at Sangli. .. RESPONDENTS 2 Shri C. R. Deshpande, Advocate for the Petitioner. Mrs. B. R. Khekale, A.G.P. for the Respondents. CORAM : S. P. DAVARE, J. DATE : 10TH JUNE, 2009. ORAL JUDGMENT : 1. Perused. Heard learned counsels for the parties. By the present contempt petition the petitioner has prayed that respondents No. 1 to 5be punished as per Law for having committed contempt of this Court by willfully disobeying the orders of this Court passed on 23.07.1998 in Writ Petition No. 5175/1996. 2. According to the petitioner it is a registered Public Trust having object to prevent cruelty to animals and more particularly to prevent slaughtering of animals in the name of God and adoration of God, and the petitioner Trust works for welfare of animals. Accordingly, the petitioner filed writ petition No. 5175/1996 against the State Government and its officers with a prayer to issue directions to them to take effective steps for prevention of slaughtering of animals and birds for religious worship and adoration in the various fairs in the State of Maharashtra. 3 3. The said petition came up for hearing on 23.07.1998 and learned A.G.P. appearing for the State Government made a statement that "Government has taken every care and effective steps to stop slaughtering of animals and birds by way of sacrifice to God or adoration and is being prevented", in view of the said statement, the said petition was disposed by the Division Bench of this Court on 23.07.1998. 4. Thereafter, on 01.03.1999 petitioner sent letters to respondents No. 4 and 5 requesting them to take effective steps to prevent slaughtering of animals and birds in the fair on 08..03.1998 to 15.03.1999 in the name of "Shri Biroba at village Arewadi, Tq. Kawthe Mahankal, Dist. Sangli". The reference of the aforesaid order of this Court dated 23.07.1998 was made in the said letter and it was specifically pointed out that if the slaughtering of birds and animals is not prevented, it would amount contempt of order passed by this Court. The petitioner further contends that letters were also issued to Sarpanch of village Kawathe Mahankal and also to the trustee of Devsthan Committee with a copy to P.S.I. Kawathe Mahankal requesting them to take suitable steps for preventing slaughtering of animals in the name of God. 5. However, in spite of the aforesaid position, when the petitioner and its active social workers/members visited the fair at Arewadi during 4 the period from 08.03.1999 to 15.03.1999, they found that no preventative action was taken by respondents No. 1 to 5 and the birds and animals (Goats) were slaughtered in the open space around the premises of temple at large scale and about ten thousands goats were slaughtered, and even some goats were found hanging in the premises around the temple. The members of the trust as well as press reporters, other media personnel have taken the photographs of the said scene which were published in the news papers which are annexed herewith at exhibit D. 6. Hence, it is the contention of the petitioner that although the statement was made before this Court in writ petition No. 5175/1996 by learned A.G.P. on behalf of State on 23.07.1998 that "Government has taken every care and steps to stop slaughtering of animals and birds by way of sacrifice to God or adoration and is being prevented", no action was taken by the respondents No. 1 to 5 to prevent the slaughtering of animal and birds in the name of God or adoration in Biroba fair at village Arewadi, Tq. Kawathe Mahakal, District Sangli between 08.03.1998 to 15.03.1998 and thereby the respondents No. 1 to 5 have willfully disobeyed the order of this Court dated 23.07.1998 and committed contempt thereof. 7. An affidavit-in-reply has been filed on behalf of respondents No. 4 and 5 stating that they have not committed any contempt of the order 5 passed by this Court, but tendered unconditional apology before this Court on behalf of respondent No. 4 and 5 in case this Court comes to the conclusion that respondents No. 4 and 5 have committed contempt of this Court. 8. The respondents submit that the respondents have taken every steps to prevent the slaughtering of animals and birds in the fair at village Arewadi, Taluka Kawathe Mahankal which was celebrated in the name of Lord Biroba. They further submits that to implement the order passed by this Court, District Collector Sangli as well as Superintendent of Police Sangli had called a meeting on 09.03.1999 at about 5.00 p. m. in the office of the Collector Sangli which was attended by Additional District Magistrate Sangli, S. D. O. Miraj, Taluka Executive Magistrate Kawathe Mahakal, District Animal Husbandary Officer, Sangli, A.P.I. Kawathe Mahakal, Secretary Biroba Devasthan Trust Arewadi, Director Krishi Utpana Bazar Sammitti Sangli and acting President Sangli District Andh Shradha Nirmulan Sammittee, Gram Sevak Arewadi, Police Patil Arewadi and six yatra committee members and it was brought to the notice of all concerned that no slaughtering of animals and birds to be made during yatra period in the name of God. It is further instructed not to slaughter any animal and bird in the premises and around the temple. It is submitted that the respondents had issued various letters to A.P.I. Kawathe Mahakal, Sarpanch Arewadi and trustees of Devasthan committee instructing them to obey the order 6 passed by this Court and take necessary steps for preventing slaughtering of animals in the name of God. 9. The respondents also denied that no preventative actions were taken by them to prevent the slaughtering of animals in or around the temple in the name of God. They also denied about ten thousand goats were slaughtered during the aforesaid fair around the temple. They further denied that in respect of slaughtering of animals and birds press reporters took photographs and published news items in the news papers. The respondents No. 4 and 5 submit that District Administration of Sangli had taken all necessary steps in the matter to prevent slaughtering of goats/animals and further submitted that in the facts and circumstances, there is no merit in the present petition, therefore, same be dismissed. 10. Considering rival submissions at the outset learned A.G.P. had made the statement before Division Bench of this Court in writ petition 5175/1996 on 23.07.1998 that, "Government has taken every care and steps to stop slaughtering of animal and birds by way of sacrifice to God or donation and is being prevented", and accordingly in view of the said statement, said petition came to be disposed on the same day i. e. 23.07.1998. On the face of said position, there is no dispute that the petitioner sent letters to respondents No. 4 and 5 on dated 01.03.1999 and 06.03.1999 which are annexed to the present petition at exhibit B 7 and C requesting them to take effective steps to prevent slaughtering of animals and birds in the fair on 08.03.1999 to 15.03.1999 in the name of Lord Biroba at village Arewadi, Tq. Kawathe Mahakal, District Sangli. Moreover, pertinently it was specifically pointed out in the said letter to the respondents No. 4 and 5 that if the slaughtering of the birds and animals was not prevented in the name of God, it would amount to contempt of order passed by this Court on 23.07.1998. 11. However, it is the contention of the petitioner that in spite of aforesaid position when its active social workers and the members of the trust visited at the fair at Arewadi from 08.03.1999 to 15.03.1999, they found that no preventive action was taken by the respondents and birds and animals were being slaughtered on large scale in the premises around the temple and about ten thousand goats were slaughtered and therefore its workers as well as press reports took the photographs of the said scene which were published in the news papers. The news paper reporting in Daily Janpravas published at Sangli on 25th March 1999 produced at exhibit D and the news paper report in Daily Lokmat on 25th March 1999, published at Sangli and news paper report in Daily Kesari on 25th March 1999 substantiate the said contention. 12. In the said context, it is the contention of the respondents No. 4 and 5 that, they have taken effective, constructive steps to prevent slaughtering of animals and birds in the fair at village Arewadi, taluka 8 Kawathe Mahakal which was celebrated in the name of Lord Biroba to implement the order passed by this Court, they had called a metting of the concerned personnel as mentioned herein above on 09.03.1999 and impressed upon them that no slaughtering of animals and birds be made during the yatra period in the name of God as well as various letters were issued to A.P.I. Kawathe Mahakal, Sarpanch Arewadi and Trustee of Devasthan committee instructing them to obey the order passed by this Court and undertake necessary steps for prevention of slaughtering of animals in the name of God. They also denied any slaughtering of birds and animals taken place as alleged by the petitioner and submitted that they neither disobeyed the orders passed by this Court nor committed contempt of order passed by this Court. 13. However, there is nothing to disbelieve the contention of the petitioner which has been made on oath, as well as the contents of the above referred paper reportings and photographs published therein. Moreover, the contents of the affidavit filed on behalf of respondents No. 4 and 5 do not reflect the effective, constructive and efficient measures taken by them to prevent the slaughtering of birds and animals during the aforesaid yatra/fair except conducting the meeting on 09.03.1999 of the concerned personnel and giving instructions to them and issuance of letters to them. Hence, it is apparent that respondents No. 4 and 5 have not taken the precautionary preventive and effective steps to stop the slaughtering of animals and birds by way of sacrifice in 9 the name of God, although the statement was made by learned A. G.P. before the Division Bench of this Court in Writ Petition No. 5175/1996 on 23.07.1998, and therefore, apparently disobeyed the order passed by this Court which amounts to contempt of this Court. 14. However, since the unconditional apology has been tendered on behalf of respondents No. 4 and 5, same is accepted and present contempt proceeding against the respondents stands dropped with directions to the respondents that they shall take effective, efficient, constructive and preventive measures and care to stop the slaughtering of animals and birds by way of sacrifice in the name of God and adoration scrupulously and meticulously to comply with the directions issued by the Division Bench of this Court in Writ Petition No. 5175/1996 on 23.07.1998 in its letter and spirit hence forth, and present contempt petition stands disposed of accordingly, and notices stand discharged. [ S. P. DAVARE,] JUDGE bsb/June09/Contemp.Pet.228.09