15-6-2024
The order was passed on the plea moved by a Trust for permission to
continue with its age old practice of sacrificing animals at the
Dargah.
The Bombay High Court on Friday allowed the sacrifice of animals on
Bakrid and Urs (anniversary) at a Dargah located within the
precincts of the Vishalgad Fort of Kolhapur district in Maharashtra
[Hajrat Peer Malik Rehan Mira Saheb Dargah v. State of Maharashtra &
Ors].
A Division Bench of Justices BP Colabawalla and Firdosh Pooniwalla
passed the order on a petition moved by the Hajrat Peer Malik Rehan
Mira Saheb Dargah, a registered Trust.
The petitioner had challenged the communication issued by the Deputy
Director of Archaeology and Museums to the District Collector of
Kolhapur imposing a ban on animal slaughter in the Vishalgad Fort
area.
The Trust sought permission to continue with its age-old practice of
sacrificing animals at the Dargah on the occasion of Bakrid or
Eid-ul-Adha and the four-day Urs beginning from June 17 to 21 at the
fort.
Advocates SB Talekar and Madhavi Ayyapan, appearing for the Trust,
submitted that several rightwing outfits had recently started to
spoil the communal atmosphere and social harmony in the area by
creating conflict and a feeling of hatred among two communities for
political gains.
It was also argued that the practice of animal sacrifice for cooking
and consumption of food in closed premises was neither banned nor
objected to by anyone for years.
The plea challenged communications which banned animal sacrifices on
the ground that there is a ban on cooking food in the protected area
near the monument as per the Maharashtra Ancient Monuments and
Archaeological Sites and Remains Act.
The authorities had purportedly taken the decision on the basis of a
1998 judgment of the High Court's Aurangabad Bench which held that
animal sacrifice in the name of gods and goddesses in public places
was strictly prohibited.
However, the Trust before the Court argued that animal sacrifice was
an "age-old practice" and that actual sacrifice took place behind
closed doors on private land, nearly 1.4 kilometers away from the
fort.
These offerings were served to pilgrims and others at the Dargah and
were a source of food for people living in the nearby villages of
the fort, it was submitted.
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