Bhubaneshwar, Nov 6 (ILNS) The Orissa High Court dismissed a plea filed by Dhyaan Foundation, a registered trust, which challenged the auction notice which said that the sale of cattle (seven cows with calves) will be conducted in the premises of Biju Pattanaik Open Air Ashram, Jamujhari saying that the animals were being sold for slaughtering.
The bench comprising of Justice Jaswant Singh and Justice S. K. Panigrahi noted, that 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 inquiry, 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 said.
The Court observed, “It is not disputed that the Ashram is run and operated by the Department of Prisons under the 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 claims to be a registered trust engaged in the activity of rescue, care, treatment and rehabilitation of animals under the provisions of the Prevention of Cruelty to Animals Act, 1960. By way of the present writ petition, it challenged the auction notice which was for the sale of cattle (seven cows with calves) to be conducted on November 3, 2021, at 11.30 A.M. in the premises of Biju Pattanaik Open Air Ashram, Jamujhari./ILNS/SNG/IL/